Conservatorship of Adults
What is a “Conservatorship of Adults”?
A conservatorship is for older people who are developmentally disabled or the victims of a catastrophic illness or accident and who are impaired. Conservatorships are only for adults over 18.
A conservatorship is a formal legal proceeding and involves several steps. A conservatorship is a court proceeding where a judge appoints a responsible person to care for another adult who cannot care for themselves or their finances.
Some adults, who are concerned about possible future mental and physical incapacity, decide to complete a power of attorney or a trust, in part so they can avoid the court. They can choose a person or an institution to make decisions for them if they are unable. In California, courts do not regularly monitor powers of attorney or trusts. Unfortunately, most people do not make these arrangements. As you can imagine it is difficult for them to think about becoming mentally or physically unable to function. But it happens, especially to people over 75 years of age. For those who have not made prior plans, or if the person handling the power of attorney or trust is unable or dishonest, a conservatorship may become necessary.
The Future of Conservatorships:
Conservatorships affect mainly older people, especially those over 85 years of age. The fastest growing age group in the United States is the one over 85 years of age. In California, that age group will increase by 143 percent between 1990 and 2020. Some counties will experience even higher rates, up to 400 percent. The 85 and older age group will emerge most strongly between 2030 and 2040 as the first of the baby boomers reaches 85 years of age (http://www.aging.ca.gov). Many older people will have impairments and will need help with daily living. Most likely the number of conservatorships will increase over time. Fortunately, the California legislature has mandated many court safeguards for those who need conservatorships.
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