A conservatorship is a way for someone to assume legal guardianship over an adult. Learn more about conservatorship and alternatives to conservatorship here.

It is common for families to use conservatorships when they believe their loved ones can no longer make sound decisions on their own or when they are physically incapable of doing so. Appointees can buy and sell businesses and engage in commercial transactions under conservatorships.

Someone competent can designate another person to act as their legal representative in financial and other matters through a Durable Power of Attorney (DPA). You can designate a representative to make medical decisions on your behalf and give them specific instructions. Individuals with a DPA have more power than those with a living will, and it applies whenever the person cannot communicate health care decisions on their behalf.

Living wills and health care powers of attorney are combined into a single document under States’ Advance Directives for Health Care laws. This document outlines the person’s preferences for how medical decisions should be made. These documents must be handled in accordance with the laws and procedures of each state.

A Special Needs Trust (SNT) is a type of trust in which the assets can only be used for the benefit of a disabled person. This type of trust allows disabled people access to funds that would otherwise disqualify them from receiving state or federally funded benefits. The SNT should be considered first rather than a conservatorship for a special needs person.

When it comes to achieving goals, the estate planning attorney’s toolbox is stocked full of options. One of the most effective methods of discovering which tools are right for your family’s situation is to meet with an experienced estate planning attorney in person.

While Brittney Spears’ conservatorship case played out in court, the legal act of one person taking legal responsibility for another’s financial and life choices because that person is deemed incompetent to do so was hotly debated. Everyone is encouraged to keep the following points in mind when deciding whether or not to become a conservator:

• Once established, conservatorships and guardianships are extremely difficult to reverse, partly because the person now has to prove they are not incompetent, and they may have lost their right to legal representation due to the conservatorship.
• Almost all people with disabilities, including those with mental illnesses, can make their own decisions.
• When people with mental illnesses need help making decisions, there are alternatives to a conservatorship that can help them get the help they need.

People with disabilities are informed by their supporters that they have chosen to be involved in decision-making, but they are ultimately responsible for their own choices. The results of this strategy have been promising.

Clinical and other health care providers make medical and treatment decisions in collaboration with patients, a concept known as “shared decision-making,” which states that these decisions are based on evidence and outcomes that matter to the person receiving care. In order to collaborate on treatment plans, the patient and doctor must both have access to the same information on treatment options and related topics.