When a parent or grandparent enters their elderly years, an unfortunate tragedy can strike at any moment to steal their well-being and capacity to make their own decisions.
Without an estate plan, they are incredibly vulnerable. There is no guarantee that even you, as their adult relative, can speak on their behalf.
What can you do in this situation to promote the best interests of your incapacitated parent? Here are some potential options in California.
Conservatorship and guardianship
In California, conservatorship and guardianship are legal arrangements where a court appoints someone to manage the affairs of an incapacitated adult. There are two types of conservatorships:
- General: For adults who are unable to manage their own financial and personal matters due to mental or physical limitations.
- Limited: For disabled adults who can handle some aspects of their life but still require assistance.
Guardianship also involves the court appointment of someone to care for and make decisions on behalf of an incapacitated adult.
These options, particularly guardianship, are usually the last resort as they can significantly restrict a person’s rights and autonomy. Courts prefer less restrictive alternatives whenever possible.
Alternatives to consider
California law requires that other alternatives be explored before a court will grant a guardianship or conservatorship. Examples include:
- Voluntary acceptance of assistance
- Supported decision-making
- General, special or limited power of attorney
- Durable financial power of attorney
- Estate management
- Various trusts
- Advance healthcare directives (living will, etc.)
Each option offers varying degrees of control and responsibility, depending on your loved one’s preferences (if known), needs and capacity.
It is important to explore your options carefully to find the one that best protects your loved one while imposing the least restrictions.