When Are Conservatorships Necessary to Protect Vulnerable Adults?

Conservatorships are designed to protect adults who lack the capacity to manage their own affairs in some way. This lack of capacity could be physical if a vulnerable person needs someone to help them with daily life tasks or financial if they need someone to manage their money. It can even be both. Conservatorship gives a conservator (or guardian) authority to make decisions on behalf of the conservatee or ward. These arrangements are considered a last resort here in Irvine, CA and only appropriate to establish after all less restrictive alternatives have been shown to be inadequate. A conservatorship attorney can help you decide if it’s time to apply.

Key Situations Where Conservatorships May Be Necessary

A conservatorship may be needed whenever an adult is at risk of harm without intervention. Incapacity is generally determined by the court, but it will be based on medical evaluations and strong evidence. Here are some times when a conservatorship is right to consider:

There Are Cognitive Impairments or Mental Health Conditions

This could be anything from dementia and Alzheimer’s disease to traumatic brain injury or severe mental illnesses, but a conservator might be needed if a person’s mental condition keeps them from making good decisions. For instance, if someone cannot safely manage daily needs for food, shelter, or medical care, they might need a guardian.

There Is Vulnerability to Exploitation or Fraud

Some adults, and older adults particularly, are easily taken in by scams, pressured by undue influence, or even financially abused. This often happens when the adult starts to experience cognitive decline or if they have developmental disabilities. Many of these adults can feed and care for themselves just fine, but they need someone to handle their finances, assets, and property to keep them safe.

There Is an Inability to Meet Basic Needs

When a person can’t maintain their own physical health or safety, they’re at risk for neglect or abuse. This is particularly relevant for elderly or dependent adults.

There Has Been Sudden Incapacitation

If someone becomes unexpectedly unable to manage affairs, such as after a stroke or accident, and there’s no advance directives like a durable power of attorney in place, they might need a temporary conservatorship to take care of their urgent needs.

How the Courts Decide

In California, conservatorships are split into two types: “of the person” for personal care and “of the estate” for finances. It’s possible to have one or the other with two conservators, or both with a single conservator managing personal care and finances. Before the court will grant a conservatorship, however, they’ll want to see that you’ve investigated every other option, like appointing a power of attorney, getting home care, or establishing a living trust.

Talk With a Conservatorship Attorney

To get experienced advice about what’s right for your loved one, call The Probate House L.C. at 310-504-2109 to set up a consultation. We have over 30 years of experience helping families in the Southern California area.

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