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The Pitfalls of Being a Court Appointed Conservator

Dennis D. Duffy · Jan 28, 2011 ·

It is inevitable that when a parent begins to decline and cannot care for themselves; there is one child that ends up providing most of the care for their mother or father. Though that caregiver may give it their best effort, sooner or later it becomes too much and they must seek out an attorney so that they can be appointed guardian and conservator for their parent. This is especially true if the parent is suffering from dementia or a physical ailment that prevents them from participating in their own care at all.

No one person can provide all of the care needed for their parent once they are mentally and physically incapable of helping with that care at all. Many families try to do it themselves for as long as possible, but as the responsibility usually falls to one person, it can be very difficult. Eventually the only right thing to do is to place the parent in a long term nursing facility where they will get the constant care that they need. To make this decision for a parent can be heartbreaking, especially when you are faced with opposition from the rest of the family.

Although the caregiver is doing the right thing when they seek guardianship and conservatorship over their parent for the purpose of placing them in a long term care facility, they often end up resented by other family members, including the parent.

The court hearing is public and can be traumatic for the entire family, as well as the parent. The parent may feel that they are being locked away and discarded, while the rest of the family may resent the fact that the parents money will be unavailable for anything but long term care. Though this shouldnt matter, it does with some families.

There is no doubt that if you are caring for a parent that is in severe decline. the right thing to do is to go to court to become the conservator of that person to ensure they get the proper care, but it is also important that you be aware of the pitfalls that come with the job.

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Dennis D. Duffy
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