Ways to prevent a conservatorship disaster

On Behalf of | Jun 22, 2021 | Conservatorships

In many states, there is a lack of proper funding attributed to ensuring that conservators are treating family members with kindness and respect. This has led to conservatorship abuse in California and other states. Still, there are options you can pursue to prevent a conservatorship experience from going sour.

Figure out your loved one’s funeral plans

Typically, your family member will have a will written somewhere. If they don’t, you may want to suggest to them the benefits of coming up with a plan for their finances and their estate. Once they complete the will, ask them to share this information with you. Having a look at their will should show you what they owe in debts and what kind of assets they have. If they have numerous assets, hiring an attorney may make the process of creating a will easier.

Have a plan for conservatorship

When it comes to probate and conservatorship, you should hope for the best but prepare for the worst. If you do notice abuse, it is vital that you document it. This abuse may involve financial or emotional abuse. If the abuse is mental, write out what that entails. Does a caretaker berate them? Are they getting blackmailed? If they are being blackmailed, write out those details to share with an attorney.

Figure out the qualities that you want in your next conservatorship

If things go sour, you’ll want to create a list defining what qualities you want out of the next conservator. For example, next time, you can search for a conservator who specializes in helping individuals with dementia.

Do not give up hope

This is one of the most important steps. Without adequate oversight on conservators, it is all too easy for these individuals to abuse their power. For this reason, certain states have adopted groups for protecting people from conservatorship abuse. One such state is New Mexico, which implemented a group known as the Uniform Law Commission that works to protect the rights of those under a conservator’s care.

If you are concerned about a relative under a conservator’s care, you may want to seek legal guidance. An estate law attorney may help you understand your options.