Caring for an aging parent is hard work. Between medical appointments, financial issues, and taking away the car keys, there are many moving parts that need to be considered. In order to receive proper assistance at this delicate time, parents must appoint someone to act on their behalf through a Durable Power of Attorney and a Living Will. Unfortunately, sometimes these two tools are not enough and the appointment of a conservator is also required. A recent New Yorker article extolled the dangers of conservatorships without adequate checks and balances in Nevada.
The Nevada conservatorship process created a situation in which professional conservators were appointed to care for aging residents to the exclusion of involved and responsible family members. Parents were moved in the middle of the night, over medicated, and excluded from contact with family members. The story documents outrageous examples in which these “professionals” scoured nursing homes and retirement communities for suitable targets, securing significant financial benefits for themselves.
The situations detailed in the New Yorker story turn the stomach. Could this happen in Connecticut? The good news is our current statutory system includes several protections designed to prevent people from being conserved improperly and professional conservators from profiting.
Almost any concerned person may file an application with the probate court seeking the appointment of a conservator for a person believed to be incapable of caring for herself. The court is required to give notice to the person about whom the application is filed, the person’s family and various other interested parties. The person is entitled to be represented by an attorney who is legally and ethically bound to advocate on behalf of the person.
The Connecticut Probate Court has the power to appoint a legal representative, a conservator, for an incapacitated person to handle financial and/or personal matters. The conservator has the authority to make medical or financial decisions on behalf of the conserved person. If the court finds by clear and convincing evidence that the person is incapable of caring for herself or her finances, that the person or her finances cannot be cared for adequately without the appointment of a conservator, and that the appointment of a conservator is the least restrictive means of intervention available, the court may appoint a conservator.
The Probate Court Administrator’s office, with the help of lawyers throughout the state, has begun work on developing guidelines and instructional materials to assist conservators in understanding their roles. The probate court will require period reports from the conservator about the person’s physical and financial status, and will provide oversight for issues that arise.
A conservatorship is one of many tools available to help care for aging parents. Brody Wilkinson attorneys are available to assist you throughout the process. For more information, please contact Heather J. Lange (hlange@brodywilk.com).