Most adults benefit from the presumption that they have the capacity to live independently and take responsibility for themselves. Once someone turns 18, they gain control over their medical choices and personal resources. They can move out of their parents’ home, although many young adults choose to continue living with their parents at least initially for financial reasons.
They have the power to choose how they manage daily life and responsibility for their own choices. Unfortunately, not all adults are truly capable of acting in their own best interests. Sometimes, concerned family members may decide that they need to take legal action out of concern for someone’s health or safety. They may ask the courts to grant them a conservatorship. Many people are unfamiliar with this concept, including what a conservatorship actually does.
A conservatorship is like a guardianship
Many people are familiar with the term guardianship as opposed to conservatorship. They may have heard high-profile news stories involving celebrities who are subject to guardianship. A conservatorship in Connecticut is essentially the same as a guardianship in many other states.
The courts can award a concerned party conservatorship of the person or of the estate of an individual. Occasionally, vulnerable adults recognize that they need support. They go to the court seeking a voluntary conservatorship. The benefit of a voluntary conservatorship is that someone gains the necessary legal authority to assist someone without the courts declaring that the person seeking support has a lack of capacity.
The courts can also involuntarily initiate a conservatorship when there is reason to worry about someone’s ability to manage their own affairs or act in their own best interests. If the courts award one party conservatorship over the estate, they have control over an individual’s resources. They can choose how to use or preserve assets and make financial choices on behalf of the vulnerable person.
When the courts grant conservatorship of the person, the conservator becomes responsible for meeting that person’s basic needs. They must provide food, shelter and access to medical care. They have the authority to make choices about key matters, such as the medical care that the person receives.
A conservatorship can play an important role in the protection of older adults experiencing decline and vulnerable individuals incapable of acting in their own best interests. Pursuing a conservatorship and handling other complicated elder law matters often requires evidence that someone cannot fulfill those obligations on their own behalf. Seeking legal guidance is generally a good way to get started.