Conservatorships

WHAT IS “ASSISTED” LIVING?

WHAT IS “ASSISTED” LIVING?

As we, our parents and relatives age, their ability to live independently eventually becomes unsafe, unrealistic—or both. One option in having them avoid the very real possibilities of household accidents and injuries can be found in convincing our elder loved ones to reside in assisted living facilities. Not to be confused with convalescent homes, assisted living accommodations are less expensive and offer options that can enable seniors to enjoy a large degree of autonomy. They range from single residences to multi-level apartment complexes. Visually, they are more appealing than nursing homes (without their depressing atmosphere). In addition, they provide a more traditional residential ambiance in that they have reading areas, kitchenettes and private sleeping quarters. What also distinguishes them from a convalescent setting is that they reinforce “activities of daily living” or ADL’s (morning routines, bathing, preparing meals, and getting dressed). This is provided by staffing case managers who instruct and recommend more efficient ways to help them continue to live independent lives. In many ways, it is the best of both worlds. Seniors are able to have onsite care/support as needed, while being able to enjoy their golden years in a safe, independent environment. Tenants are encouraged to participate in group activities (such as shuttle service to attend concerts, movies, and casinos). In addition, many are allowed to have small pets live with them. As they age, seniors can transition to an elder care facility once it becomes evident that intensive medical care and attention are needed. According to Arizona Assisted Living Cost, assisted living facilities are regulated at the state level. In general, these facilities are required...

What is the Best way to Avoid a Conservatorship?

The best way to avoid a conservatorship is to plan ahead and make sure you’re protected in the event that you become incapacitated. Under California law, if a person is found to be legally incompetent, the probate court can appoint a conservator to oversee a person’s personal or financial affairs. This is where things can get pretty ugly. Some of the times you end up with one of these two scenarios: The wrong person as conservator. Fight over who should be the conservator. The first scenario does not really need that much explaining. You could end up with a conservator that is at geographic distance from you, which would make it harder, you could end up with someone who can’t manage your estate, or with someone you would never have chosen for your own reasons. The second scenario is just as bad. A lengthy legal battle over who should be your conservator could drive up legal expenses, which will be paid from your estate. Additionally, Conservatorships require bi-annual accounting, which in turn is yet another expense that will be paid out of your estate. As I said earlier, the best way to avoid a conservatorship is to plan ahead. There are sections inside of a Revocable Living Trust, where you can appoint and direct your Successor Trustee to step in and manage your estate during your incapacity for your benefit. The trustee you chose would then be able to step in and manage your estate during your incapacity for your benefit. He or She would be able to pay your bills, manage and/or reinvest your assets, and even sells assets...