When Loved Ones Can’t Care for Themselves or their Finances, and they can’t sign a Durable Power of Attorney or Appointment of a Healthcare Representative, A Conservatorship Might Be the Answer
A family member may need someone to make personal, financial, or medical decisions on his or her behalf, whether due to developmental disability, mental illness, or advanced age. With advance planning, the best solution is a Durable Power of Attorney and an Appointment of a Healthcare Representative executed while the family member has the requisite capacity. Often, however, this best solution is not possible. So, what do you do if that family member lacks the mental capacity to execute a Durable Power of Attorney or an Appointment of a Healthcare Representative? You must petition the probate court for help. Through a court appointment, a trusted Conservator can be put in place to make sure your child or elder’s future is secure.
Connecticut Conservatorship Lawyers
The Conservatorship attorneys at our law firm help families petition for Conservatorships of incapacitated adults and Conservatorships of developmentally disabled individuals. While our attorneys strongly recommend a Durable Power of Attorney and an Appointment of a Healthcare Representative to avoid the need for a Conservatorship, we realize many people simply are not competent to execute these documents. Sometimes a Conservatorship is the right answer. Whether you are faced with a voluntary or involuntary Conservator proceeding, petitioning for a Conservatorship can be a daunting task. When the need arises, our Conservatorship lawyers are here to guide you through the process and assist you in carrying out your responsibilities as Conservator.
Giving Family Members The Care They Deserve
In some cases, a parent of a disabled child may need to apply for either full or limited Conservatorship once that child turns 18 for the parent to continue the legal guardianship necessary to continue making decisions for a child who does not have the capacity to do so for himself or herself. Sometimes, a family member lives alone and needs someone to assist them, but they no longer have the ability to sign a Durable Power of Attorney or Appointment of a Healthcare Representative.
Two types of Conservatorships exist: 1) Conservator of the person, and 2) Conservator of the estate. The Conservator of the person is in charge of making personal and medical decisions on behalf of a mentally incapacitated individual. The Conservator of the estate is in charge of making financial decisions on behalf of such an individual. One may serve both as Conservator of the person and Conservator of the estate. Conservatorship petitions can be voluntary or involuntary proceedings, depending upon whether the individual consents to the proposed appointment. Our Conservatorship attorneys can explain the proceeding that is appropriate for your situation.
Establishing a Conservatorship with the attorneys at Cipparone & Zaccaro, PC
Here’s what you get when you consult with one of our Conservatorship attorneys:
- Your attorney will provide an initial conference with you to discuss if a Conservatorship is appropriate
- Your attorney will discuss how the appointment of Conservator helps to gain control of personal care decision-making and determining the best place for the family member to live
- Your attorney will discuss appointment of a Conservator to make financial decisions and control financial accounts
- Your attorney will discuss appointment of a Conservator to make health care decisions
- Your attorney will discuss the possibility of engaging in Medicaid Planning
- Your attorney will discuss the ability to engage in Tax Planning
Here’s what you get when you retain our law firm:
- Diligent assessment of particular issues relating to Conservatorship and individual client needs
- Assessment of the individual’s capacity to execute a Durable Power of Attorney or Appointment of a Healthcare Representative
- Guidance with respect to Medicaid and Tax Planning
- Coordination of evaluations by psychiatrists and physicians
- Assistance in obtaining the necessary services to assist the family member
- Representation in litigation matter, if necessary
- Preparation of Conservator accountings, if necessary
- Coordination of the filing of income tax returns, if necessary
- Assistance in obtaining a probate bond, if necessary
- Ability to find a Conservator if the family cannot
Our attorneys seeks to maximize Conservatorship opportunities by analyzing potential avenues of tax relief and Medicaid planning. Our firm will help you navigate the required court proceedings to ensure your loved one is cared for by a trusted Conservator.
Contact our law firm today to begin the conversation.
