As the nation’s generation of baby boomers begins to grow old and suffer from debilitating disease, many families face a unique problem. Over one sixth of all working adults in the United States report that they assist with the care of a disabled or elderly adult family member. This shift in family dynamics has led to unique concerns such as how will an incapacitated family member be provided for after his or her primary caretakers have passed away. Fortunately, there are options for this situation, but without the help of a trained professional, you could have a difficult time finding a way to avoid a conservatorship nightmare.

Pick Someone You Trust

The numbers of reported cases of elder physical and financial abuse have increased dramatically over the years. More elderly Americans have admitted to being targeted for fraud and while many are aware of these facts, it is often forgotten that a large number of perpetrators know their victims. When you are deciding whom to name as the conservator of your loved one, you must pick someone you truly trust. Once a person is the caretaker of your family member who is incapacitated, it is easy for that person to abuse his or her role and difficult for others to stop the abuse from continuing.

Explain Reviews

Once you have picked a person whom you believe is completely trustworthy and dedicated to your loved one, it is time for you to start explaining what that person should expect to encounter once he or she takes over your role of primary guardian. Always take the time to explain that the caretaker should expect periodic financial reviews. Some people get offended when they realize their actions will be reviewed by a third party, and explaining that reviews are normal will help avoid hurt feelings, especially since the caretaker may be overwhelmed by the new role.

Keep the Court in Mind

Unfortunately, the role of guardian to an incapacitated adult is one that is so often abused that court involvement is unavoidable. The court will take steps to make sure the adult in the conservator’s care is not being abused, neglected, or taken advantage of. For that reason, keeping the court in mind when making transactions, documenting appointments, and performing other day-to-day actions will help the conservator in the future. Full transparency can be inconvenient, but ultimately, it is easier than dealing with an invasive inquiry from a court that is concerned about the well-being of an incapacitated adult.

Call MMZ Law

Deciding whether or not a conservatorship is the right choice for you and your family is something that takes time. Instead of struggling with the decision yourself, contact the skilled conservatorship attorneys at MMZ Law. Our team of dedicated attorneys and support staff work with you to decide which options are best for your situation. We are here to answer any questions that you have and will guide you through each step of this difficult process. Contact our Claremont, California office today so that we can begin providing you with legal advice you need.




341 W. 1st St. Suite 100
Claremont, CA 91711

MARIVEL M. ZIALCITA is the founder of MMZ LAW, A Professional Corporation, where she practices in the areas of Elder Law – Medi-Cal Planning Asset Protection, Trust & Estate, Special Needs, Conservatorship, Trust Administration, & Probate. Ms. Zialcita is a frequent speaker on trust and estate matters and holds memberships in the State Bar of California, Trust and Estate Section, The San Bernardino County Bar Association, Wealth Counsel and Elder Counsel. She currently assists in the pro bono legal services program at the James L. Brulte Senior Center in Rancho Cucamonga, California. She is based in Claremont but assists clients throughout Southern California.

This information is educational information only and not legal advice.