Older adults do not always retain their health as they age. People sometimes develop physical challenges. Other times, they may experience cognitive decline. Some people have issues with decision-making and memory as they age. Others may develop full-fledged dementia.
When an older adult has medical challenges that limit their ability to care for themselves, they may need the support of another adult. The Connecticut courts can theoretically appoint a conservator to help an older adult who struggles with independent living. A conservator in Connecticut is much like an adult guardian in another state.
Conservatorship over a person gives a conservator control over someone’s daily life and their medical care. They have a responsibility to meet that person’s me and act in their best interests. Conservatorship of an estate gives someone control over another person’s assets to help manage their resources and fulfill their financial obligations. Those preparing for retirement can potentially establish estate plans that may help them avoid an involuntary conservatorship.
People can choose who supports them later
One of the big issues with an involuntary conservatorship is how the courts determine who provides support for an older adult. They may grant authority to the person who initiates litigation rather than an individual with a positive relationship with the vulnerable adult.
Those with ulterior motives, such as a desire to control someone’s resources, might seek conservatorship for personal gain. By drafting the right estate planning paperwork ahead of time, older adults can protect themselves by choosing who holds the authority of conservator.
Durable powers of attorney are legal documents that maintain their authority even when the principal who drafted them becomes permanently incapacitated. The agent or attorney-in-fact they select can oversee their daily life and manage their resources.
That individual can potentially retain that authority until the principal who drafted the documents dies. When there is already a competent adult with the legal authority to care for an older adult, the courts are unlikely to grant another person conservatorship. Durable powers of attorney can be a smart choice for those worried about incapacity as they age.
Estate planning offers benefits beyond choosing beneficiaries to inherit certain property. Adding the right documents to a Connecticut estate plan can help protect older adults from legal and personal vulnerability as they age.