A conservatorship is a legal arrangement where a court determines a person is unable to make decisions and assigns another to make personal or financial choices for them. This setup is difficult to reverse, leading to potential abuse. Authorities are examining the issue, and legal changes are being debated.
Terminology varies by state, with conservatorships typically addressing financial matters and guardianships covering personal decisions. For instance, in California, conservatorships apply to adults, while guardianships are for minors. The process starts with a court petition, often involving medical input, and, if approved, appoints a conservator who gains significant control, including financial decisions and, in some states, the right to vote.
Conservatorships aim to protect those unable to protect themselves. However, power dynamics can lead to predatory relationships, as exemplified by Britney Spears’ 13-year conservatorship despite her career success. Most at risk from abuse are not famous or wealthy, with elder abuse being a particular concern due to the minimal monitoring of conservators.
Legal reforms are being considered, with a model law addressing conservatorships and guardianships, but only Maine and Washington have adopted it. Proposed measures include better notice to families, providing attorneys for those under conservatorships, thorough vetting of conservators, and enhanced monitoring. To protect oneself, especially the elderly or severely disabled, consulting advocacy organizations, attorneys, and law enforcement is crucial. Durable powers of attorney are also a viable option for pre-emptive control over future incapacitation.
