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Horizon Elder Law & Estate Planning Blog

Monday, December 30, 2024

The Consequences of Failing to Plan: When Conservatorship Becomes Necessary

Imagine for a moment that suddenly a complete stranger was in charge of your financial and healthcare decisions. How do you think that would feel? 

That is what happens when a conservator is appointed to you by the courts.

If it doesn’t sit well, you may want to take some time to sit with a California estate planning attorney to ensure this scenario isn’t a likely one for you and your loved ones. In the meantime, keep reading to see if you’re ready for whatever comes your way, even when life throws the unexpected at you.

What Is a Conservatorship, and Why Might It Be Necessary?

A conservatorship is like a safety net—there to catch you when your existing estate planning documents aren’t enough. A conservator is appointed by the court to be responsible for the affairs of a conservatee (that would be you). These individuals exercise authority over some of the most important aspects of your life if you lose the capacity to make decisions and there are no directives in place to delegate authority to someone you trust. 

Though many conservatorships involve incapacitated individuals who failed to create an estate plan, this legal tool is also used in other situations, for example, if the agent designated in an advanced healthcare directive is unable or unwilling to make sound decisions. 

Even with a trust, power of attorney, and advanced healthcare directives in place, unexpected issues can arise. What happens if the person you trust to manage your affairs becomes incapacitated themselves? Or if family members are fighting over your care? 

A conservatorship ensures that someone responsible steps in when things aren’t going as planned, especially when disputes or complications arise.

Why Conservatorships May Be Undesirable

You might not want a conservator because it can take away some of your independence. When a conservator is appointed, they gain control over important decisions regarding your finances, healthcare, and even where you live, which means you lose the ability to make these choices. What’s even more unsettling is that the process is overseen by the court, which can feel invasive, as your personal life may become a matter of public record.

How Conservatorships Protect You

While conservatorships can sometimes get a bad rap, they’re designed to protect vulnerable individuals when other safeguards (like a power of attorney or healthcare directive) fail. To ensure your best interests are being protected, conservators are required to report to the courts on a regular basis and are held legally accountable for their actions.

If something doesn’t look right, the court can step in and make adjustments when necessary. 

Learn More During a Consultation With Our California Estate Planning Attorneys

Nobody knows what the future holds. But what matters is making sure your estate plan covers as much as possible. Working with an estate planning attorney can give you the peace of mind that comes with knowing you’re prepared for whatever life throws at you. 

Whether you have an existing estate plan, or are in need of the expert advice about an existing conservatorship situation, we are here to help. Contact us today to schedule a confidential consultation


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