When a Conservatorship Isn't Working: What to Do Next

A conservatorship is a legal arrangement where a court appoints a responsible adult to make decisions for an individual who is unable to make decisions for themselves. This can be due to a variety of reasons, including mental or physical incapacity, or a lack of capacity to manage their own affairs. While a conservatorship can be a necessary and beneficial arrangement, it's not uncommon for issues to arise that make it necessary to consider alternative arrangements.

In this article, we'll explore what can be done when a conservatorship isn't working out, including the potential benefits and drawbacks of different options. We'll also provide guidance on how to navigate the process of modifying or terminating a conservatorship.

What Can Be Done When a Conservatorship Isn't Working Out?

There are several reasons why a conservatorship might not be working out, including:

• The conservator is not fulfilling their duties
• The conservatee is not receiving the care and support they need
• The conservatorship is not providing the necessary level of autonomy for the conservatee
• The conservatorship is not being properly monitored or reviewed
• The conservatee is not being treated with dignity and respect

When a conservatorship isn't working out, there are several options to consider, including:

• Modifying the conservatorship
• Terminating the conservatorship
• Appointing a new conservator
• Creating a power of attorney
• Using a trust

Modifying the Conservatorship

Modifying a conservatorship can be a good option when the conservatorship is not working out, but the conservatee still needs some level of protection and support. This can involve changing the terms of the conservatorship, such as:

• Changing the powers and responsibilities of the conservator
• Adding or removing specific powers or responsibilities
• Changing the level of autonomy granted to the conservatee
• Adding or removing specific protections or restrictions

Terminating the Conservatorship

Terminating a conservatorship can be a good option when the conservatee is no longer in need of protection and support, or when the conservatorship is not working out. This can involve:

• Removing the conservatorship
• Appointing a new conservator
• Creating a power of attorney
• Using a trust

Appointing a New Conservator

Appointing a new conservator can be a good option when the current conservator is not fulfilling their duties or is not providing the necessary level of care and support. This can involve:

• Removing the current conservator
• Appointing a new conservator
• Changing the powers and responsibilities of the new conservator
• Adding or removing specific powers or responsibilities

Creating a Power of Attorney

Creating a power of attorney can be a good option when the conservatee is still able to make some decisions for themselves, but needs help with others. This can involve:

• Granting the conservatee the authority to make decisions for themselves
• Granting the conservatee the authority to make decisions for others
• Granting the conservatee the authority to make decisions for a specific period of time
• Granting the conservatee the authority to make decisions for a specific purpose

Using a Trust

Using a trust can be a good option when the conservatee has significant assets or property that need to be managed. This can involve:

• Creating a trust to manage the conservatee's assets and property
• Appointing a trustee to manage the trust
• Granting the conservatee the authority to make decisions for themselves
• Granting the conservatee the authority to make decisions for others

Conclusion

When a conservatorship isn't working out, there are several options to consider, including modifying the conservatorship, terminating the conservatorship, appointing a new conservator, creating a power of attorney, and using a trust. It's important to carefully consider the pros and cons of each option and to seek the advice of an attorney or other professional to determine the best course of action.