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Pros and Cons of Conservatorship in New York

On Behalf of | Aug 4, 2017 | Blog

Conservatorship occurs when an adult is no longer capable of taking care of himself or herself. By New York law, one person is in charge of the overall well-being of this adult and makes all relevant decisions regarding health care and paying bills.

People can make the process of acquiring conservatorship over another person much simpler when hiring an informed attorney. However, there are several other details to learn about the process before pursuing it. Similar to any other course of legal action, there are pros and cons to seeking conservatorship.

Pros

People can pursue guardianships even after the incapacitation of an adult. This means if the person did not have a plan in place, then family members can still act. Additionally, the court oversees the guardianship. The reason for this oversight is so that the court can make sure the person’s best interests are always in mind.

Gaining conservatorship is beneficial in more situations than just when a senior citizen develops dementia. If the person in question has other problems where he or she cannot make trustworthy financial decisions, then conservatorship is a worthwhile route to take. It gives the guardian peace of mind that the loved one is not getting into troublesome situations with banks or the law.

Cons

Attaining conservatorship over someone else can be a lengthy legal process. It also has the potential to divide families. Perhaps some members of the family want one thing while other people want something else entirely. It can be difficult to come to a consensus as to what is ultimately in the best interest of the person. This can create a lot of stress for the family, but it is vital all people involved work through any discrepancies for the benefit of the single person. 

A conservatorship may not be right for every situation. However, people should review all options available when a loved one becomes unable to make important decisions.