Conservatorships have recently been in the spotlight, reporting the personal experiences celebrities have faced with the challenges of dementia in their families.
You may have read about Jay Leno, the renowned comedian and television host who took the significant step of filing for a conservatorship for his wife, Mavis, due to her dementia.
The music world was similarly rocked by the news of legendary Beach Boys member Brian Wilson’s dementia diagnosis, leading to his family also filing for a conservatorship.
These public stories can raise many questions for caregivers and families dealing with dementia in their loved ones
In this article, we’ll offer insights into understanding the complexities of legal decision-making for dementia care, as well as conservatorships vs. power of attorney.
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What is a conservatorship?
A conservatorship is a court-ordered arrangement pursued when an individual becomes incapacitated and without a previously set up power of attorney (POA) in place.
Conservatorships are typically seen as a last resort when a person is incapacitated and unable to make decisions for themselves, both medical and financial.
In the cases of Mavis Leno and Brian Wilson, their families found themselves in a position where they had to pursue conservatorship.
This was because a power of attorney arrangement hadn’t been established before they were diagnosed with dementia and could still make their own decisions.
Filing for conservatorship is overseen by a court. The conservator is required to provide regular reports on the management of their conservatee’s affairs. It remains in effect until the conservatee regains capacity or passes away, or until the court decides to end it.
The responsibilities of a conservator
The court will determine the scope of the conservator’s powers and responsibilities.
Typically, the conservator is authorized to make decisions regarding the individual’s (the conservatoire’s) personal care and financial matters, depending on the conservatorship granted.
Alternatives to conservatorship
Filing for conservatorship is a significant step, however, there are less restrictive alternatives that families can explore, such as:
- Advanced healthcare directives: These are legal documents where a person can outline their preferences for medical care ahead of time, such as do not resuscitate orders, or donating organs.
- Joint bank accounts: Setting up a joint bank account is a practical way of managing a senior’s finances and being able to use their money to pay bills.
- A durable power of attorney: Establishing a POA agent ahead of time will remove the need for filing for conservatorship later.
What is a power of attorney?
Power of attorney (POA) is a legal document that grants one person, the agent, often a caregiver, the authority to act on behalf of another, especially for financial and healthcare decisions.
This is particularly useful for caregivers of loved ones with dementia, when an individual may lose the capacity to make informed decisions for themselves.
The designated agent, appointed through a POA form, steps in to manage the affairs of their loved one, ensuring their best interests are prioritized.
The different types of power of attorney
There are several different types of POA, each that gives authority and access to different needs and circumstances.
Typically, just one person is appointed to be the power of attorney for all aspects, however, these responsibilities can be split among different people:
- General Power of Attorney: Provides broad powers in managing the principal’s affairs.
- Durable Power of Attorney: Remains in effect even if the principal becomes incapacitated, such as developing dementia.
- Healthcare Power of Attorney: Authorizes the POA agent to make healthcare decisions.
- Financial Power of Attorney: Grants the POA agent authority to handle financial matters.
How to become power of attorney: step by step
Establishing a POA varies by state, but they generally follow these steps:
- Determine the type of POA needed, whether it’s healthcare, financial, or all types.
- Choose an agent, typically a family member who is the primary caregiver.
- Complete the POA document by obtaining a form from an attorney.
- Notarize the document.
- Review the document by an attorney to ensure it meets the requirements.
- Distribute copies to family members, banks, healthcare providers, and other relevant parties.
The limitations and capabilities of POA and conservators
While POA and conservatorship help you manage your loved one’s affairs, they don’t provide unlimited control.
Power of attorney capabilities:
- Makes financial decisions (pays bills, etc.)
- Makes healthcare decisions
- Access personal records and information
- Conduct legal transactions
Limitations:
- Cannot act against the principal’s best interests
- Ends upon the principal’s death
- Bound by specific powers granted in the POA document
Conservatorship capabilities:
- Makes financial decisions
- Makes broad healthcare and personal decisions
- Authority is court-ordered and may cover areas beyond the scope of POA
Limitations:
- Subject to court oversight and reporting
- Cannot make decisions outside the scope authorized by the court
- More restrictive and intrusive compared to POA
- More costly and time-consuming because of legal processes and court dates
Securing memory care support for your loved one
Recognizing the signs of dementia will help you manage your loved one’s care more effectively.
If possible, encourage your loved one to set up a POA while they’re still capable. Conservatorships are often a more complex and court-involved process.
Getting your loved one specialized memory care in a community can significantly enhance their quality of life, extending both their life and mental capacity.
These memory care communities provide customized care plans and secure and safe environments with healthcare professionals by their side.
Tips for transition to memory care
Transitioning into a memory care or assisted living community involves legal and emotional preparation.
- If you’re loved one is still able to make decisions, involve them in this process.
- If they’re no longer able to, rely on the guidance provided by the established POA or conservatorship.
- Ensure all legal documents are in order.
- Personalize your loved one’s new living space to make it familiar and comforting.
- Participate in support groups to ease your own feelings about the transition.
- Remember to keep regular communication with the community’s care team.
Discover Kensington Senior Living: nationwide dementia and Alzheimer’s care
Kensington Senior Living offers premier assisted living and memory care communities across the country.
With a range of locations on the East and West Coast, we provide exceptional care personalized to the unique needs of those living with dementia and Alzheimer’s.
For more information or to discuss your loved one’s dementia care needs, please reach out to Kensington Senior Living directly, or visit the website for the community near you.
- The Kensington Redondo Beach, California
- Kensington Place Redwood City, California
- The Kensington Sierra Madre, California
- Kensington Park Senior Living, Maryland
- The Kensington White Plains, New York
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- Coming Soon: The Kensington Bethesda, Maryland