Initiating conservatorship procedures when cognitive decline interferes with decisions
### Initiating Conservatorship Procedures: A Guide for Families
When a loved one’s cognitive decline makes it difficult for them to make decisions, it can be a challenging and emotional time for the family. One option to consider is initiating conservatorship procedures. This article will explain what conservatorship is, the types of conservators, and the steps involved in the process.
#### What is Conservatorship?
Conservatorship is a court-supervised process where a judge appoints a conservator to manage the finances or personal care of an individual who cannot do so themselves. This can be necessary when someone with dementia or another condition that affects their mental capacity needs help making decisions about their daily life.
#### Types of Conservators
There are two main types of conservators:
1. **Conservator of the Person:** This type of conservator manages personal and medical decisions. They ensure the individual receives proper care and makes necessary medical choices.
2. **Conservator of the Estate:** This type of conservator handles financial matters. They manage the individual’s money, pay bills, and oversee their assets.
#### Steps to Initiate Conservatorship
Initiating conservatorship involves several steps:
1. **Medical Evaluation:** A physician or licensed psychologist will assess the individual’s cognitive function. This evaluation includes memory tests and an overall mental health check to document the degree of cognitive decline and its impact on decision-making ability.
2. **Functional Assessment:** Beyond memory loss, the evaluation considers how dementia affects the ability to perform daily activities, such as managing finances, making medical decisions, and caring for oneself. This helps determine whether an individual can live independently.
3. **Legal Process:** A conservatorship petition is the formal process used to assess whether an individual is incapacitated. A judge will review medical evidence, witness testimony, and potentially an independent evaluation before making a decision.
4. **Court Proceedings:** If the court determines that the individual is indeed incapacitated, a conservator will be appointed. The court will specify the type of conservatorship needed and the scope of their responsibilities.
5. **Ongoing Oversight:** The conservator must provide regular reports to the court about the individual’s status. This ensures that the conservator is acting in the best interests of the individual and that their rights are protected.
#### Alternatives to Conservatorship
Before initiating conservatorship, it’s essential to explore alternative options:
1. **Durable Power of Attorney:** This allows an individual to choose a trusted person to make decisions on their behalf if they become incapacitated. This can prevent the need for full conservatorship.
2. **Supported Decision-Making:** This approach allows individuals to make choices with the help of a support person. It can be a less restrictive alternative to full conservatorship.
#### Importance of Planning Ahead
While conservatorship can be a necessary step, it’s often best to plan ahead. Creating a durable power of attorney or advance healthcare directive can help avoid the need for court intervention and ensure that your wishes are respected.
In summary, initiating conservatorship procedures is a serious step that should be taken with careful consideration. By understanding the process and exploring alternative options, families can ensure that their loved ones receive the care and support they need while preserving their dignity and rights.
