How does one know if conservatorship is needed?
If you are a caregiver that has conservatorship for someone, how did you know it was a need?
How long did it take you to get?
I was speaking to a trusted 'caregiving consultant' who strongly recommended I have this rather than just durable POA. I do have an elder law consult soon but want to know from people who are caregivers (not just those who get paid to do work in the geriatric industry) their thoughts and experiences on this.
Any major cons to having conservatorship?
A Conservator manages financial affairs or property for an incapacitated adult or for a minor. The Conservator must manage and protect the property, and report periodically to the court about the assets, receipts and disbursements of the estate. No expenditures can occur without written Court order."
Would your dad be declared incompetent to handle his own affairs by a court?
Would dad fight you (legally) on being incompetent? That court battle could cost you thousands of YOUR dollars. Dad will be appointed a lawyer. You would need to get and pay for your own, I believe. You could recoup your costs from Dad if he loses.
Usually, though not always, it is best to keep the government out of your personal business. That’s a big con to me but would perhaps bring others comfort.
If your mom is compliant with decisions you make for her, then the DPOA is almost always sufficient.
If there is no disgruntled relative that might manipulate mom into canceling your POA, and assigning themself her POA, then you are probably good with the DPOA you have now assuming it has all the provisions you might possibly need to care for your mom. You should have the attorney read your DPOA as should you.
A judge assigns guardianship. Your mom chose you as her DPOA.
A judge will not take away a persons rights unless it is clearly called for. In fact, they will assign mom an attorney to defend her interest and they will notify all family of your request regardless of how uninvolved the other family may be in her care. (I’m not sure to what degree…siblings for sure, cousins etc. I’m not sure … check the guardianship website).
The only people I know who have had conservatorship or guardianship are minor children who have lost a parent and for elders who have lost the mental or physical ability to legally assign a DPOA, leaving conservatorship the only option.
I have never personally known anyone who has lost their rights in a contested case. But I have read that anytime there is a contest between two family members, the family runs the risk of the judge assigning guardianship to a third party as in a professional conservator.
My understanding is it is expensive to go to court. Sometimes it is also necessary. But not always.
Each state will have slightly different procedures etc.
While as a DPOA you are responsible, you don’t have a court system monitoring you as you would with a conservatorship.
I would want to know what would happen if I missed a court filing. Would my loved one be assigned another conservator? Things like that might help you decide pro or con. I know you mentioned travel was in your future for work and that may be part of your motivation for nailing this down.
Each situation is slightly different. It sounds like a good plan to seek professional advice.
Step B would be in knowing whether you want the onerous burden and are fully capable of doing it. I found just a POA and Trustee of Trust daunting and a steep learning curve, myself. There has to be an acceptance of the Fiduciary Responsibility and the ability to register yourself with all entities and keep meticulous records.
If you are both willing and able and with a cooperative elder wishing to be under a conservancy then all is a go. If not, I would not want to do this ever again, for certain.
Speak with that Elder Law Attorney and you will get great guidance I think. Once everything is set up and running more or less smoothly (I am thinking a year's time if it goes as it went for me) this is doable, tho never enjoyable.