Not all adults are able to care for themselves or tend to their own needs. In California, a conservatorship may be established for adults who struggle with such tasks as:
- Obtaining food and shelter for themselves
- Responsibly handling their own finances
- Ensuring they receive proper medical care
- Ensuring they are not subject to undue influence from those who may take advantage of them
Courts will look to a wide range of factors when deciding who should become a conservator. Those who most often fill this role include:
- Spouses
- Adult children of older adults who can’t care for themselves
- Parents
- Partners
There may be situations in which no close family members or partners are available to be someone’s conservator. In these circumstances, if a court determines a conservatorship is nevertheless necessary, the court may strive to find if a relative or other such individual is available. The court generally cannot demand that someone take on the role of a conservator if they don’t wish to.
Demonstrating that a conservatorship is necessary can be a complex task if you attempt to do so on your own. In some cases, a person in need of a conservatorship might also object to the idea, not realizing that such an arrangement is genuinely necessary to protect them from potential harm. At the Law Offices of Andrew Cohen, a San Luis Obispo conservatorship attorney can assist you with this process of showing the court that a request for a conservatorship should be granted.
There are various potential reasons a conservatorship might be necessary. The following are a few noteworthy examples.
Medical Conditions
Certain types of medical conditions can interfere with adults’ ability to care for themselves. Someone with dementia or Alzheimer’s may require help from another adult to ensure they’re properly cared for. An illness or injury which renders someone incapacitated can also prevent them from caring for themselves.
Comas
Naturally, if someone is in a coma, they will not be able to make various critical decisions regarding their finances, care, and more. Another adult who can be trusted to make responsible decisions on their behalf may need to take on the role of a conservator.
Undue Influence
Sometimes, a conservator is necessary when another individual who has some degree of influence on the physical, emotional, mental, or financial well-being of an adult is not acting in the other’s best interests.
For example, perhaps someone who has power of attorney is taking advantage of this position for their own financial gain. If so, loved ones of the person being unfairly taken advantage of may wish to pursue a conservatorship to address the issue.
Whether you’re already confident a conservatorship is warranted, and you need help demonstrating this to a court, or you need more information regarding whether you should move forward with pursuing a conservatorship for a loved one, a San Luis Obispo conservatorship attorney at the Law Offices of Andrew Cohen can answer your questions on this topic. Get started today by contacting us online or calling us at 661-481-0100 for more information.
