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Home Knowledge Why Do People Get Placed In Conservatorships? Understanding The Legal Process

Why Do People Get Placed In Conservatorships? Understanding The Legal Process

by Celia

Conservatorships are legal arrangements where a court appoints an individual or organization to manage the personal and/or financial affairs of someone who is unable to do so themselves. These arrangements are designed to protect individuals who may be unable to make decisions due to various circumstances, such as mental or physical incapacitation. Understanding why people are placed in conservatorships and the legal criteria involved can help demystify this process and clarify when it is necessary.

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What is a Conservatorship?

A conservatorship is a court-appointed legal relationship that grants one person (the conservator) the authority to make decisions on behalf of another person (the conservatee) who is unable to manage their own affairs due to physical or mental limitations. This legal arrangement is primarily intended to protect individuals who are incapable of caring for themselves or managing their finances.

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Conservatorships are often associated with older adults who have physical or mental disabilities, but they can be applied in other situations as well, such as in cases of severe mental illness, developmental disabilities, or the incapacitation resulting from an accident or illness.

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Why Are People Put in Conservatorships?

People are placed in conservatorships for various reasons, most of which stem from a person’s inability to care for themselves or manage their finances. The primary goal of conservatorship is to ensure that vulnerable individuals are protected from exploitation, neglect, or harm. Some common reasons for conservatorships include:

Mental Illness and Cognitive Disorders

One of the most common reasons for conservatorships is when an individual experiences a significant decline in mental health, often due to severe mental illness or cognitive disorders. People who suffer from conditions like schizophrenia, bipolar disorder, or dementia may struggle to make decisions about their own care or finances, prompting family members or other concerned individuals to seek a conservatorship.

Dementia: A progressive decline in cognitive function, such as Alzheimer’s disease, can render a person incapable of managing their personal or financial affairs. In such cases, a conservatorship may be necessary to ensure the individual’s well-being.

Schizophrenia: This mental illness can impair an individual’s judgment, making it difficult for them to take care of their health, finances, or living conditions.

Physical Disabilities or Medical Conditions

Severe physical disabilities, often the result of a debilitating injury or long-term medical condition, can also lead to the need for a conservatorship. For example, a person who has suffered a stroke or serious brain injury may experience difficulty managing their daily activities or making important medical and financial decisions.

Stroke or Brain Injury: People who suffer strokes or other significant medical conditions may have limited mobility or cognitive abilities, making it impossible for them to care for themselves or make informed decisions about their health.

Developmental Disabilities

Individuals with developmental disabilities—such as autism or Down syndrome—may be placed in conservatorships when they reach adulthood but are unable to independently manage aspects of their lives, such as making financial decisions, living independently, or managing their health.

In some cases, a conservatorship is set up when an individual with a developmental disability reaches a certain age and is no longer under the guardianship of their parents, and it becomes clear that they require long-term care and oversight.

Incapacity Due to Aging or Chronic Illness

As people age, they may experience a decline in mental or physical abilities. Many older adults are placed in conservatorships due to conditions like Parkinson’s disease, arthritis, or other age-related ailments that impair their ability to live independently.

Aging Individuals: Older adults may develop age-related cognitive decline or frailty that makes it difficult for them to make decisions about their health, financial matters, or daily needs. A conservatorship helps ensure that these individuals receive the care and oversight they require.

Substance Abuse or Addiction

In some instances, people may be placed in conservatorships due to the effects of substance abuse or addiction. If a person’s addiction leads to dangerous behavior or an inability to care for themselves, a conservatorship may be established to protect them from harm.

While conservatorships are not commonly used for addiction issues, in severe cases where an individual’s substance abuse causes incapacity, the court may intervene to appoint a conservator to manage their health, finances, or both.

Types of Conservatorships

There are two main types of conservatorships: conservatorship of the person and conservatorship of the estate. Each type addresses a different aspect of a conservatee’s life.

Conservatorship of the Person

In a conservatorship of the person, the conservator is responsible for making decisions regarding the conservatee’s daily living arrangements, medical care, and overall well-being. This type of conservatorship is usually established when an individual is unable to care for themselves due to physical or mental limitations.

Medical Decisions: The conservator may have the authority to make medical decisions, such as approving treatment or arranging for long-term care.

Living Arrangements: The conservator may decide where the conservatee will live, whether that be in an assisted living facility, a nursing home, or a private residence.

Conservatorship of the Estate

A conservatorship of the estate involves the management of the conservatee’s finances, assets, and property. This type of conservatorship is established when an individual is unable to manage their financial affairs due to incapacitation.

Financial Management: The conservator is responsible for paying bills, managing investments, and ensuring the individual’s assets are protected and preserved.

Estate Protection: In cases where the conservatee owns significant assets, a conservatorship of the estate may be necessary to prevent financial exploitation or waste.

How Are Conservatorships Established?

To establish a conservatorship, a petition must be filed with the court. The process begins when someone, typically a family member or other interested party, files a request for a conservatorship. The court will then evaluate the petition and determine if conservatorship is necessary.

The Petitioning Process

Filing the Petition: The individual seeking to become the conservator (the petitioner) must file paperwork with the court, including evidence that the person to be conserved is unable to care for themselves or manage their finances.

Court Hearing: A court hearing is scheduled where both the petitioner and the individual to be conserved may present evidence. If the court determines that the person is indeed incapacitated, a conservatorship will be granted.

Appointment of a Conservator

Once the court finds that conservatorship is necessary, it will appoint a conservator. The conservator could be a family member, a professional fiduciary, or an organization, depending on the circumstances. The conservator must act in the best interests of the conservatee, and the court will monitor the arrangement periodically.

Alternatives to Conservatorship

While conservatorship can be an effective solution, it is not the only option available. Some alternatives to conservatorships include:

Power of Attorney

A power of attorney allows an individual to designate someone they trust to make decisions on their behalf, either for medical or financial matters. Unlike conservatorship, a power of attorney does not require court involvement, and the individual can revoke it at any time as long as they are still competent.

Guardianship

In cases involving minors, a guardianship may be established when the parents are unable to care for the child. Unlike conservatorships, which are typically for adults, guardianships provide care for children when their biological parents are unable to do so.

Conclusion

People are placed in conservatorships when they are unable to make decisions or care for themselves due to mental, physical, or developmental limitations. These legal arrangements are designed to protect vulnerable individuals by ensuring that their personal and financial affairs are properly managed. Whether due to cognitive disorders, physical disabilities, or other incapacitating conditions, conservatorships play an important role in safeguarding the well-being of those who need assistance. If you believe that someone you know may need a conservatorship, it is essential to consult with an attorney to determine whether this legal arrangement is necessary.

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