How can you get someone to take over conservatorship or guardianship?

A fellow caregiver asked...

I have a friend that is taking care of this man who isn't related to her. He has alcohol dementia, and is unable to care for himself. He doesn't remember to take his meds or to eat. He can't really take care of himself. Can't drive. Gets lost if he goes for a walk, and can't tell anyone where he lives. She has been taking care of him since he doesn't have a family, and she is getting tired and frustrated.

How can she get someone else to take over the conservatorship or guardianship?

Expert Answer

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

It's unclear whether or not your caregiving friend has been appointed the legal guardian or conservator for the man you describe, but either way, she should get relief from her duties through the local probate court.

That court, which you can find through a search of "probate" and the nearest city or county, is likely the spot that manages people who are appointed to care for those who cannot care for themselves. Because the procedure is becoming so common, many courts now offer simplified procedures or free or low-cost help that makes the process quicker and faster.

If your friend was previously appointed by a court as guardian or conservator, she will need to petition that court to get a substitute appointed in her place. If there is another person who might be willing and able to take over the caregiving duties, he or she can petition the court to be named. If there is no such logical soul in the picture, the court will name someone"”usually called a public guardian or conservator, who has been sanctioned for the position.

For more detailed information, see Caring.com's Adult Guardianship and Conservatorship page at www.caring.com/adult-guardianship.