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LUCKYDOG55 Asked November 2012

What is involved in a conservatorship?

I'm going to court to get this for my mom, but she is fighting me on this. she does not believe she has ALZ/dementia even though her neurologist has said she does. Can someone give me some info on just what this conservatorship involves, I hope I'm doing the right thing. she has found herself a boyfriend at the senior center and he is trying to control her life & turn her against mr. Iam her only child that is alive she has no one else. He doesnt even accept that she has this!

mcd2020 Nov 2012
If I have Power of Attorney, should I also get a conservator?

DanRobbins Nov 2012
Adding to my post above (for credibility): I am my grandmother's conservator of person (a court-appointed lawyer was posted as a financial conservator since I live in another state and am only her grandson).

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DanRobbins Nov 2012
It depends on the type of conservatorship. The first thing to establish is whether this will be a voluntary or an involuntary (which requires court involvement and hearings, etc.) Then you will have to determine the depth of the conservatorship. Will you be making financial decisions and actions? There is a financial conservator whereby the conservator will handle all aspects of the person's finances (and all decisions/responsibilities/actions/credit actions, etc) that go along with managing finances. You could also set up a conservatorship of the person where you would be making all decisions with regard to the individual except monetary.

What I would suggest is going to your state's site and searching Probate Court for "Guidelines for Conservators" which is most likely a downloadable *.pdf file written in plain language which will guide you through the process.

Good Luck!

PS .... and you need to account for everything and every action you make back to the court on an annual basis.

bbrady Nov 2012
My husband and I are "Co-Conservators" for our adult daughter. This "duty" is a court appointed duty. When our daughter recieved a brain injury and was unable to mentally and physically care for her daily needs or financial needs our lawyer suggested getting a conservatorship on our daughters behalf. It was very clear that her now ex husband had other plans for his life and wanted to rid our daughter of any future with him or their daughter...their ages at the time were (he...23...my daughter...23 and their daughter...18months)... The lawyer suggested the conservatorship so that if divorce was the possible next step (it was) the "ex" could not take our dauther to the cleaners and remove the rights to her daughter visiting and custody.. a right to get her possesstions back.. and whatever the courts would see as a traditional divorce. Our position was then "the legal" rights to speak and act on behalf of our daughter. "We were our daughter" in the intances of making any and all decisions for her. I carry the court document everywhere we go... signing medical proceedures, handling of SSD finances, calling any of the many doctors and medical services to fight about payments or appointments. Representing her in court for her divorce and her parental rights hearing. Being her eyes and ears and voice in ALL instances. We are held by the courts to the height of standard of taking care of this person that they have entrusted us to. So really legally our daughter is a ward of the state and though we are her parents ... we are her appointed "conservator" first. We have been told that her expenses do not lie on our shoulders. When we sign for anything that encompasses our daughter we are to sign also "co-conservator". Yes the court can discharge us from this duty if they have such cause... We do not get paid for this duty. The court could have desided to appoint a stranger to her if the courts felt that our want to be her conservator was for malice or financial suspicion against our daughter.
If you are the actual "conservator" my thought would be to go to the court system and voice your opinions and questions about the Co-conservator. You are this persons voice and part of the conservator is to look out for the "very BEST interest" of the person you have been legally appointed to. If the person you care for is of "good sound" mind and can make choices or has ideas and decisions and you feel as if that is what this person really wants...try to do what the person would want... it is their life after all.

YoIdaho Nov 2012
If you are going for conservator you might consider getting a guardianship also.
It takes an attorney to to the foot work, once a G & C to a ward you have full capability to manage their care & fiances. Once someone has ALZ/DEM thing only continue to progress. My sis & I got a G & C after a con (pseudo husband) took her for ALL her money & dignity. The sooner you act the more ahead you will be. Blessings ~M

ange02 Nov 2012
I am conservator for my adult son who suffered a stroke many years ago & left him incompetent to care for himself, has short term memory loss, cannot make good decisions, otherwise he does well physically with eating, activities of daily living with some cueing.
Due to my elder age, the court has appointed a co-conservator as my son is indigent.
The Atty. ( co-conservator) had been somewhat helpful, going to Team meetings, etc. but now seems to have reasons not to be available.
I'm still not clear as to what the Conservator responsibilities are when I ask for help/advice.
I will continue ( I do not request pay, I'm just interested in his well being ) as long as I can manage this duty but may need a conservator to carry on alone in the future.
You will definately need an Attorney to assist you with the Conservatorship. It is complicated but if your Mom needs this & you cannot, the court can appoint. someone else.
Best wishes.

jeannegibbs Nov 2012
Have a look at this article on this site: https://www.agingcare.com/articles/how-to-get-guardianship-of-elderly-parents-140693.htm

Is your mother incompetent in the legal sense? What expert evidence is there about this fact? A person with dementia is not necessarily automatically considered incompetent, especially in the early stages.

I assume you have engaged a lawyer to take you through this process, and he or she can help you with all of the details.

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