Who Will Make Decisions for Grandma, Grandpa or our Disabled Adult Child?
In these days and times, we are living longer lives. Parents, grandparents and great-grandparents are living longer and we see the effects of this aging process on our bodies and minds. We also see the effects of early childhood disabilities on majority age adults. Whether from aging or disability, incompetency or incapacity in adults can render them unable to care for their physical needs and/or financial assets and estate. When these incapacities indicate that an adult will require the assistance of another to meet their needs and/or avoid them being taken advantage of that is the time to obtain court ordered authority over that adult. Court ordered authority is often the only option when there is differing opinions about the care and management of an elder or disabled person's care and/or their finances and estate. It is necessary when a Power of Attorney signed by an elder person is not honored by a service provider or financial institution or there exists competing Powers of Attorney signed or appearing to be signed by the elder person and it is unclear which Power of Attorney should be honored. In these situations, a conservatorship appointment is needed to protect the elder or disabled person and their finances and estate. Jones Torru Law Offices represent persons seeking appointment as the conservator (temporary, general or limited) of a person or their estate or for a person objecting to the request for a conservatorship appointment.
Conservatorship is the probate court process in which a relative, friend, private fiduciary, or another person seeks to obtain authority to make decisions over the person and/or estate of another adult who is determined to be physically unable or mentally incompetent. A conservator is empowered by the court to arrange for the care and management of such an adult when there is no effective or recognized power of attorney/health care directive or a trust document setting forth the authority to make personal care, estate management and/or health care decisions. Conservators can function in a temporary capacity or general (long-term) capacity over a conservatee.
Limited Conservatorship is a conservatorship process for the appointment of someone to make decisions over the person of a disabled adult.