A conservator is someone with the legal right to make decisions for another adult, similar to a parent/child relationship. As an illustration, a conservatorship for someone with dementia allows someone else to make decisions about a person’s living conditions and can authorize medical treatments. Alternatively, a conservator could move a person with dementia into an assisted living facility with round the clock care. In addition, a conservatorship for someone with dementia may allow a person to control the finances of an incapacitated person and make sure that they do not squander his/her savings in a scam. Often, the same person applying for court conservatorship acts as both conservator of a person and their finances.
Ideally, in the early stages of a dementia diagnosis, a person who has early dementia can create a plan while they are still competent. This plan should include a long-term strategy for finances. For example, the dementia patient can choose someone to act as their power of attorney, which gives someone similar authority as a conservator but without needing a formal court conservatorship. However, if the person doesn’t create a plan before they become legally incapacitated, it may be necessary to file a conservatorship for someone with dementia.
How to File a Conservatorship for Someone With Dementia
Filing for conservatorship requires preparing a lot of paperwork. A conservatorship for someone with dementia requires filing a petition, an investigation, and a court hearing. An investigation and hearing are essential because a person is losing his/her rights to make decisions about his/her own life, and this right cannot be taken away without due process. The hearing also makes sure that the appointed conservator will act in the best interest of the person. A potential conservator must prove to the judge that he/she will use the conservatee’s funds appropriately.
After a conservator is appointed, he/she will be required to make annual reports to the court. Appointing a conservator for a person with dementia is a serious matter and should only be used a last resort. A conservatorship for someone with dementia may be the only option to make sure that a person who has dementia who has lost the ability to decide for themselves can live as safe, healthy, and financially stable lifestyle as possible.
Filing a conservatorship for someone with dementia can be an expensive process using an attorney. There are other less expensive non-attorney options to get through this court process. Contact A People’s Choice for more information on how to get a conservatorship for someone with dementia.
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