What Should I Know About Conservatorships?

A conservatorship—also sometimes known as an “adult guardianship”—is a type of legal guardianship for an adult. The conservator has legal authority over certain aspects of the ward’s life, says KAKE.com’s recent article, “What is a Conservatorship and How Does It Work?” A conservator has total authority over the relevant aspects of their ward’s life. A conservatorship is granted when the person in question no longer has the capacity to make decisions on her own behalf. These cases are almost always dealing with judgments based on mental incapacity.

The general test for a conservatorship is: (i) whether the person is capable of knowing and understanding her actions; (ii) whether she is capable of providing for her basic needs, such as food, sanitation, and shelter; and (iii) whether she could be considered a danger to herself.

In Mississippi, a conservatorship must be granted by an officer or appointee of the court. Medical paperwork is typically required before a judge will grant a conservatorship. However, the potential ward must have an opportunity to be heard by the court and to present her own case, as to why a conservatorship shouldn’t be granted. In addition, a person has the right to challenge a conservatorship in court, if she disagrees with the outcome, because a conservatorship means taking many aspects of freedom from an adult. This is not taken lightly by the courts.

There are several types of conservatorships. The most common are financial, physical, full and limited. A conservatorship is built around the needs of the ward, and the judge will typically consult with medical staff and social workers. A conservatorship is based on what the court believes will best keep the ward healthy and safe.

To make certain that a conservator doesn’t use the ward’s assets for his own gain, conservators must report to the court that appointed them. They’re required to keep records of every decision they make on behalf of the ward and must periodically present this information to the court. However, depending on the state, larger or more permanent decisions may require a court order, such as the decision to place the ward in an assisted-living facility.

Conservators are entitled to receive pay, and they should thoroughly document hours, because they must present the work hours to the court in order to receive compensation. It’s not uncommon for those who hold conservatorships over friends or family members to decline payment.

Conservatorships are controlled by state laws. Consult with an elder law attorney about the details how it might apply to your situation.

Reference: KAKE.com (December 11, 2019) “What is a Conservatorship and How Does It Work?”

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Blended Families Need More Thoughtful Estate Plans

Estate planning for blended families is like playing chess in three dimensions: even those who are very good at chess can struggle with so many moving parts in so many dimensions. Preparing an estate plan requires careful consideration of family dynamics, and those are multiplied in blended families. This is another reason why estate plans need to be tailored for each family’s circumstances, as described in the article “Blended families have unique considerations in estate planning” from The News Enterprise.

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Steps to Take as a Parent’s Condition Takes a Turn

An 80-year-old man had seizures several months ago. He was treated in the hospital and since then, has had some lapses in short-term memory. His long-term memory is okay, but he is not retaining day-to-day matters very well. His awareness of a loss of some functionality has left him frustrated and a little depressed, as described in the article “Dear Counselor: Need options as father’s condition worsens” from the Davis Enterprise. The use of some antidepressants and medication has been helpful, and he seems better. However, what should the children be doing, at this time, to prepare for what may come next?

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Mark Twain’s Estate Plan Went South, Despite His Efforts

Mark Twain was right. He passed away one day after the comet’s closest approach to earth. A month later, his last will and testament was admitted by a Connecticut probate court appointing three friends as executor trustees to administer his estate. According to the article “Who will advocate for your estate?” appearing in 83 degrees, his estate plan choices turned out to be a terrible mistake.

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Managing an Aging Parent’s Financial and Legal Life

As parent’s age, it becomes more important for their children or another trusted adult to start helping them with their finances and their legal documents, especially an estate plan. In “Six tips for managing an elderly parent’s finances,” ABC7 On Your Side presents the important tasks that need to be done.

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When are You Done with Estate Planning?

A family has set up their estate plan. Two sons are already in the farming business and are thriving. Their daughter will receive the proceeds from a second-to-die life insurance policy and their considerable savings. The amounts are not equal in amount, but they are an equitable inheritance, and it seems like the couple has done its homework.

However, asks an article in The Courier, “The will is done, you’re sitting pretty—but are you?”

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Feeling Squeezed? You Might be a Sandwich

The phrase “sandwich generation” is used to describe people who are caring for their parents and their children at the same time. The number of people who fall into this category is growing, according to an article from The Motley Fool, “How to Help Your Parents Retire Without Derailing Your Own Retirement.” A survey found that about 16% of Americans are currently caring for an elderly relative, and this number is expected to double within the next five years.

What’s worse, very few people are planning for this situation.

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Don’t Forget to Update Your Estate Plan

There are some people who sign their will once in their life and never change it. They may have executed their estate plan late in life, or after they were diagnosed with a serious disease. However, even if your family life and finances are pretty basic, there are still changes in the law that you may need to incorporate into your estate plan.  Some of the people that you named in your will could also have died or moved away.

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Preparing for Alzheimer’s

Once there has been a diagnosis of dementia, there are a number of issues that families need to address, including legal issues. The best way to approach this task, says being patient in the article “Alzheimer’s and the Law” is to meet with an estate planning attorney who can guide the family in planning for the future, and creating the needed documents.

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