Each
year, over 34 million people provide unpaid care to adults aged 50 and over in
the United States. The people in need include aging relatives, ailing
spouses, and disabled children as well as other family members. The job is
a challenge and becomes even more so as the loved one becomes incapacitated and
unable to care for themselves in any way.
The
legal system offers protection for those that become incapacitated to ensure
they stay safe. The laws also protect those that help these individuals, so
they can tend to the needs of the people they love. The easiest way to handle
this type of situation is with a conservatorship.
Conservators
can be pre-selected by the person they will care for through a living will or
durable power of attorney. The court will still have to approve the choice, and
other family members can petition the court to have someone else chosen. Unless
there is a genuine cause for concern, the court will usually approve the
pre-chosen caregiver.
Any
caregiver that agrees to a future conservatorship will need to know everything
about the financial, medical and personal life of the individual. They will
manage all these decisions without input from their loved one. Many people take
on power of attorney responsibilities prior to this, if possible, to
familiarize themselves with the information.
The
decision about who to select for a conservator is only legally acceptable when
someone is still mentally competent. Prepare the power of attorney forms,
living wills, and other documents of this type early to reduce the possibility
of delays due to someone contesting the decision.
A
conservatorship can become very time-consuming because of the many duties
involved. The law allows people to request a specific hourly amount so they can
receive payment for their efforts. The conservator must petition the court and
request the amount. Other family members can challenge any amount they think is
too high.
Approval
from a judge is necessary before any payment is received. Conservators must
track all their time to receive a payment. A detailed log of the date and time
of the work and the type of work performed is needed. All payments
and control of the estate end when the conservatee dies unless the conservator
is also named as the executor of the will.
Family
dynamics play a role in how conservatorships work and how well they are
accepted. Some people may choose to divide their responsibilities with others.
The court may approve multiple people to run the conservatorship, but each
person should have a list of their duties. The decision can lessen the time
involved for each person and eliminate the need for payment.
Typical
divisions include one person acting as the conservator for the person and
another as the conservator of the estate. The individual that manages the
estate handles all financial responsibility while the other tends to the
personal care and medical needs of the loved one.
A
conservator cannot change a will or defy the directions of a medical directive.
Conservators cannot hand over their duties to someone else, but they can resign
the position to allow the court to choose someone else. The conservator must
file status reports to the court and the court will review the performance of
the conservator each year.
Families
need to convince all elderly or ill loved ones to prepare the documents that
will protect their wishes. Medical directives, wills, living wills and the
appointment of reliable people as guardians and conservators are just a few of
the methods available. At the Law
Office of Carla D. Allen, we can prepare the documents you need to
protect yourself and your family.
