less restrictive alternatives
Guardianships and conservatorships take away certain legal rights of the person with a guardian or conservator. For this reason, courts requires you to explore less restrictive alternatives before filing for a guardianship or conservatorship. In addition, guardianships and conservatorships can be costly. Below are some examples of less restrictive alternatives.
estate planning documents
Estate planning documents are often a good line of defense against the need for a guardianship and conservatorship.
Advance Directive for Health Care. An Advance Directive for Health care can be a good alternative to guardianship. In an Advance Directive for Health Care, someone can name a person to make health care decisions for them. Does the person for whom you are considering getting a guardianship have an Advance Directive for Health Care? If not, do they have the capacity to execute one?
Durable Power of Attorney. A Durable Power of Attorney for finances can be a good alternative to conservatorship. In a Durable Power of Attorney for finances, someone can name a person to manage their finances for them. Does the person for whom you are considering getting a conservatorship have a Durable Power of Attorney? If, do they have the capacity to execute one?
Revocable Trust. A revocable Trust can be a good alternative to conservatorship. In a revocable Trust, someone can create a trust, place assets inside of the trust, and name a person to manage their trust assets for them. Does the person for whom you are considering getting a conservatorship have a revocable Trust? If not, do they have the capacity to execute one?
help from family & care management
Does the person have family available to help? For example, an aging adult who is struggling to manage their finances may choose to add an adult child to a bank account, so they can help pay the bills. A family member may choose to move an aging parent into their home or arrange a schedule with other family to care for the parent in their own home.
Would the assistance of a professional help? Is in-home care an option? Would the person agree to move to assisted living or other residential facility? The family may work with a social worker or care manager, to help them assess the person’s needs. Has the family reached out to their local aging and disability services for assistance and connection to resources?
Multnomah County Aging & Disability Services
how can gapinski law, llc help me?
I can help you brainstorm less restrictive alternatives to a guardianship or conservatorship. I can connect you with professionals who can help manage care.