Navigating when or how to set up adult guardianship (also known as a conservatorship in some states) can be complex and tricky. To help simplify, a recent article on caring.com took a look at the pros and cons of establishing guardianship for an adult who is physically or mentally incapable of making important decisions. If you’re in the West Side Cleveland area, please reach out to us; we’re here to help.
According to caring.com:
What are the pros and cons of a conservatorship?
There are advantages and disadvantages to setting up a conservatorship for someone. They are, in a nutshell, as follows:
Advantages
- Lets family members know that someone is making decisions
- Gives clear legal authority to deal with third parties
- Provides a process to have a judge approve major decisions
Disadvantages
- Costly to set up, requiring a lawyer, legal papers, and a court hearing
- Time-consuming, including extensive ongoing paperwork
- Can be humiliating for an older adult who is still somewhat capable
- Can be emotionally difficult if family members disagree about who should be conservator
When would a conservatorship be a good idea for a family member?
Two things must combine to make a conservatorship appropriate. One, the person must be physically or mentally incapable of making important decisions for herself. The other circumstance is that she doesn’t already have legal documents (such as a living will and a power of attorney for finances) that cover decisions about her personal and financial matters.
- If she hasn’t prepared a power of attorney for finances, she might need a conservator of the estate.
- If she doesn’t have a medical directive or living will, she might need a conservator of the person to make healthcare decisions.
- Even if she has a medical directive, she might still need a conservator of the person to decide health matters that aren’t covered in the medical directive (if the medical directive doesn’t already name an agent to make those decisions).
- Even if she has a power of attorney for both health care and finances, she might need a conservator of the person to make decisions about her personal life — where she’s to live, for example, or who’s allowed to spend time with her.
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