Few things are more difficult for families and friends than noticing their loved one can no longer make good decisions. This can happen due to an unforeseen complication from surgery, a heart attack, or stroke. It may happen because of a progressive disease such as Alzheimer's, Parkinson's, ALS, Multiple Sclerosis, or dementia.

Whatever the reason, someone will have to make financial and health care decisions for the incapacitated person. If your loved one created a durable power of attorney and an advance healthcare directive then a conservatorship may not be necessary. If they didn't then a conservatorship is necessary.

Health care decision making is impossible, in this situation, without a conservatorship. Doctors, nurses, pharmacists, and laboratories may not provide you with information because your loved one can no longer consent to the release of their private healthcare information. In a critical situation, no one has the authority to consent to treatment or demand treatment not be provided.

If your loved one has Alzheimer's disease or dementia they may require specific medications or have to live in a locked facility. You will need a conservatorship in order to ensure they receive those medications and live in the appropriate environment.

Financial decision making includes the ability to manage and control assets as well as communicating with governmental entities such as Social Security and the IRS. You may need to make tax sensitive decisions such taking withdrawals from IRAs, 401(k)s, and other retirement plans. If you don't have a court order naming you as the conservator then the government and financial institutions simply won't do anything for you.

The Grossman Law Firm’s specialized conservatorship attorneys serve the San Bernardino, Riverside, and Northern San Diego Counties in California. If you have any questions about conservatorships or do not have an elder law attorney, please contact us through our online form or call The Grossman Law Firm, A.P.C. at (866) 540-0000 to schedule a free 30 minute telephone consultation.