For a conservator of the person, someone -- usually an adult child or sibling -- who lives close to the person in question is usually best. For a conservator of the estate, it should be someone who is familiar with handling finances, particularly if those finances are substantial or complicated. In either case, it has to be someone who can give the time necessary to manage her affairs. If no family member lives near her, or if no family member has enough financial savvy, a judge might appoint a professional conservator -- either a public officer or a private, paid conservator.
You might feel you're the best person to be the conservator, but another family member might disagree. Before you file any court papers, discuss with your family who should be the conservator. Hashing out this question ahead of time can do a lot to reduce stress and make for a smoother and less expensive legal process.
The conservator will have to decide about her everyday care. But the conservator may also have to make major personal or financial decisions, such as how best to spend her assets on long-term care, or where she'll live. The conservator also has to handle administrative matters for her -- for example, dealing with doctors, Medicare, insurance, or a long-term care agency or facility. This includes applying for whatever benefits, pensions, medical coverage, and the like she might be eligible for.
The conservator also has to keep careful records of decisions and expenditures made on her behalf. This information has to be regularly reported to the court; how often and in how much detail depends on the judge's orders in her particular case.
A judge might also require the conservator to come back to court regularly to report on what's happened since the last court appearance. Or he might require the conservator to come back into court before making certain major decisions, such as selling her home, or moving her into a nursing facility or out of the state.
This article was very helpful in providing information on elder care. As the caregiver for aging parents this is information that I needed and will assist in making long term decisions in regards to parental care.
Hello Very Upset, Thank you very much for your post. If you have questions, I you can post them in our Ask & Answer section, here: ( http://www.caring.com/ask ). Take care -- Emily | Community Manager
Well here is my situation, I lived around the corner from my mother. I've been with her for about 32yrs. I have a brother, who lives in Mississippi. Recently, brother along with my aunt decided that my mother should live everything behind and move in with my aunt in Mississippi. My mother has a history of Bipolar, Manic Depression, and Behavioral issues. These issues are well managed with the correct medication. My mother owns her own house, car and can do everything for herself. Over the couple of years she has slowed down a bit with walking and had a hard time doing things, such as cleaning and walking downstairs in her basement. I have been bringing her to all her Doctors appts for the last two yrs, and always cooked for her and visit everyday after work. So, my mother stop taking her medication and if anyone can relate, when a person with Bipolar, Manic Depression and mentally ill issues stop taking meds, WATCH OUT. (lies, argument, walking out side yelling, just acting crazy and saying things out of this world.) I've been going thru this since I was 16yrs old, and I will soon be 48. For the past 2 yrs, my aunt has called my mother everyday checking on her. (My mother told me this, that she's worried about her) so little that i know, my aunt and my brother were conviencing my mother move. my mother is out of her mine right now and I'm trying to get her help so she can start taking meds again. she was running over to neighbors houses and telling them that I'm trying to Kill her and burn her house down. Now the neighbors across the street in front of her should know that she has a problem. the neighbors next to the ones across the street are spanish speaking with a little understanding of english. The neighbors on right are relatively new.(so really dont know what to believe) the neighbors on the left just doesnt get involve. On Tuesday, I visited my mother after work and she told me she was leaving for Mississippi. I said with who and she my aunt and I said why. She said she was moving and filing bankruptcy.. (my mother could pay all her bills) Pension and Soc Sec. plus 401K. I called my aunt and ask what the heck is going on. She said you cant take care of her so I'm going to take care of my sister. I went off, I've been doing over 30yrs. I told her she didnt have a right. Her reply was Kent has a right, my brother who has only been in Mass. 3 0r 4 times since I've been here. Kent my brother who hardly knows his mother. My mother would visit Mississipi a lot for 2wks to 1mth at times since she retired in 1999. I spoke to my mother again Wed nite and she said she was going to Conn. on Friday to hear a friend speak at a church in Conn. Thursday, I called her doctor and told the Doctor that my mother isnt taking her meds and hasnt been sleeping for about 1 month. The doctor up her sleeping meds. After work I went over again and convienced her to take her meds.. So, I have a 26 yrs old and she was there with my mother thursday nite. My daughter stated that she was so sleepy but continue to fight sleep. so sleepy she was bumping into the walls but just would not lay down. She called someone on the phone and told that person she fill like she had been poison, who ever that was informed her to go to the hospital. I called the hosp. checked on her and they said she was fine, she was in for a headache. So I asked to be called when she was ready to be released. No phone call, instead, my cousin picked her up and brought her home. My daughter was still there, and then the friend from Conn. drove up(Jessie White, a minster) to take her to Conn. My mother took a bag of clothes, safe despoit box and papers with her (Insurance info) I didnt hear from her again till Sunday and she was in Mississippi. My aunt had an ex-boy friend of my mother's that I kicked out of her house, bring her to Mississippi. She called me laughing Sunday nite and I could hear everybody else in the background laughing as if it was a joke.. this woman was not on her meds and crazy out of her mind but no one in Miss. knew because they didnt know her.. so they had her signing all sorts of papers she had know idea what she was signing. My brother now is the POA and Health Care POA.. In a matter of 2 1/2 weeks my mother was in an instutition in Mississippi Psych ward. She stayed for 2 weeks and was released. She went back about 3wks later. and before getting out she went in front of the Judge and at that time someone said they w/be resposible for her to take meds. My mother has been in Mississippi since April but has spent most of her time in the asylum in Miss. So needless to say, she is in Meridian Mental Hospital in Mississippi. I spoke to her social worker who informed me that they have none of her medical paper work from Mass. So they are testing for everything trying to find out what is wrong. They think its Dementia but that was never diagnosed in Mass. I spoke to her and she says she's ready to come back home once she get her stuff straighten out, change of address, and all her money out of the bank accounts. my brother has everything set up where she cant do anything without him. I had the bank account in her name with my name on it and they told her to close all accounts(Dumb Me) and let Kent open an Account for her... This was all done while she werent on Meds. My mother would have never agreed to none of this. My mother also told me that my aunt want to build a room on to her house for her.. If my mother is proven incap., I want her to live with me or my brother.. My brother has no brains, my aunt dictates to him as to what to do, he really want know part of my mother except being in control of her monies. He says she will stay with my aunt and if my mother isnt able to make that decision I will demand that she stays with me... I want to know do I have the right.
Hugs CBo
Hello GOOSE!, Thank you very much for your question. If you'd like, you can post it in our Ask & Answer section, here: ( http://www.caring.com/ask ). Take care -- Emily | Community Manager
So can EMT's file forms for someone to be appointed a guardian? Like if EMT's are called to the same home for the same person 8 (eight) different times within a month and only bring the person to the hospital twice out of those 8 times are they legally able to file papers to appoint a guardian?
oh this is why i want to get guardianship of her because she will only communicate with me and at times it is hard for me to hear and understand her.she is always thinking me and other people are taking her money all the time but after talking ton her she calms down and understands whats going on.
my sister has been placed in an adult foster in mt. pleasant mi. and they took her to the hospital there and never told me until the next day. so me and my husband went down there she started complaining her legs hurt so we looked at them and there wasn't a spot on them that hadn;d been black and blued man i was pissed they were getting ready to send her bac to the physco ward in kalamazoo which she had been there a couple of months before going to mt pleasant and while there they beat her face so blackand blue that when we got there tio visit her we were told she was in the hospital when we got to the hospital i didn't recnize her when i walked into her room so the next t week i went down to take photos of her they were pretty well heeled up but i did get photos and then they try to take my camera away from me theyb told me i had to give them my camera or leave and i said i guess we'll be leaving cuzz you're noy getting my camera so they escorted me and my husband out of the building.well now they have had her back down there since the 7th and won;t tell us nothing because of this fricken law they call hippa and screw that they can at least tell if she is ok they say can;t even tell us if she is there well i was already told she is there i have been having really been having bad seiures because of all of this bull crap i would really app. some feed back on this again thank you so much
this was really good it helped me alot thank you so much
Hi tiff82, Thanks for your question. If you'd like, you can post your question in our Ask & Answer section, located here: ( http://www.caring.com/ask ). I hope that helps. Take care -- Emily | Community Manager
Hugs rockandroll
Yes. The details help us become familiar and understand the process and technical language before we speak with an attorney who could overwhelm us. Thank you.
Can my husband if I am willing take guardianship over me if, I have borderline personality disorder,chronic depression, and bipolar disorder? I have times when my thinking is wreckless and distorted. I feel it is in my best being if he has the ability to decide when and if i am hospitalized. I do get ssi for mental problems. I also have four children. I live in Illinois btw
Hi Nanciluco, Thank you so much for your question. If you'd like, you can post your question in a new Ask & Answer page, here ( http://www.caring.com/ask ). I hope that helps. Take care -- Emily | Community Manager
What if my Mom has designated a guardian in the event of her becoming incomponent? The only reason for this process is to get her to move, will the judge respect her choice? Can my sis be over finances & I over health issues?
I'm very greatful for this site it gave me some options that I had forgotten about. It was very informative.
I would like to have seen the seven areas of conservatorship listed and discussed. I think it is seven--seeking information in CA 1. Finacial 2.Living situation 3. social 4. educational 5. sexual 6. 7.
MOM IS LIVING WITH A LONG TIME MALE FRIEND . THEY ARE UNMARRIED, ELDERLY -HE 87-SHE 84. SHE HAS DEMENTIA (NOT ALTZHEIMERS). I , DAUGHTER , HAVE BEEN MAKE MEDICAL POWER OF ATTORNEY, AND POWER OF ATTORNEY OVER HER FINANCES. HER "FRIEND" HAS A PERSONAL PROB. WITH MY BROTHER (MOM'S SON. IS HATEFUL TO THEM ON THE PHONE AND CAUSES CONFLICT AMONG ALL CONCERNED. UP UNTIL THIS WEEK I HAVE HAD A GOOD RELATIONSHIP WITH HIM BUT HAS NOW DEDERTORATED. SHE REFUSES TO GO TO THE NURSING HOME BUT DUE TO HIS DETERIORATING HEALTH AND MENTALITY THIS IS WHERE SHE NEEDS TO BE. I NEED A GUARDIANSHIP. HELP
Hugs CBo
NEED TO SEE SAMPLE FORMS AND BE ABLE TO DO WITHOUT COURT ORDER