4 Alternatives to Conservatorship for Aging Adults

When someone you love begins to show signs of dementia or other cognitive declines, you may be faced with several emotional and practical challenges. For instance, your loved one’s behavior may change, or they may begin to lose their memory or the ability to perform daily tasks, leading to financial losses or further decline in health.

When this occurs, a lot of people petition for conservatorship over their aging adult. This allows them full control over major life decisions that may include financial and healthcare directives. However, for some adults, this may lead to feelings of resentment and anger as they no longer have control over their life.

Recent legal challenges in California have helped mitigate the stranglehold some may have on a conservatorship, like the conservatiee’s right to contest a conservatorship or petition the court to end a conservatorship, but it can still be very difficult to end a conservatorship once it’s in place.

Luckily, there are alternatives to conservatorship you can pursue to not only provide a healthy support system for someone who may become incapacitated, but to help guide and assist them when they are unable to do so on their own, all while avoiding a long legal battle or straining a loving relationship.

1. A Durable Power of Attorney

A durable power of attorney is a great way to assist with finances and healthcare decisions without taking all rights away from their loved one. It ensures that how a person’s finances are handled, or what medical treatments they want or don’t want, are always honored.

2. An Advanced Healthcare Directive

Similar to a durable power of attorney, the advanced healthcare directive provides information for what procedures and treatments you want and don’t want in specific situations without court intervention. Fill out this form to setup your Advanced Healthcare Directive.

3. A Living Trust

Most may believe that a living trust is simply for listing what will happen to assets upon a person’s death without probate, however, a living trust may also allow for provisions should a person become incapacitated.

4. Supported Decision-Making Agreements

Supported decision-making agreements allows the incapacitated party to retain authority over their financial and healthcare decisions with the support and necessary assistance of a trusted individual.

Remember, whereas a conservatorship can only be sought after someone becomes incapacitated, these alternatives to conservatorship must be drafted and signed while each party is of sound mind and body, allowing the party who becomes incapacitated the opportunity to choose someone they absolutely trust to follow their assigned directives. It also gives the chosen proxy or agent the opportunity to provide valuable feedback on the other person’s financial and healthcare wishes prior to the individual becoming incapacitated.

Reach out to an attorney to learn more about which alternatives to conservatorship may be in the best interest of you and your loved one, then download our Guide to Navigating Conservatorships for Aging Adults should you like more information, practical tools, and compassionate insight into the conservatorship process.

Tags: advanced healthcare directive, alternatives, conservatorship, dementia, durable power of attorney, financial decisions, healthcare decisions, living trust, Probate, supported decision-making agreements
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