Temporary vs Permanent Conservatorships
When it comes to estate planning, many people focus on issues like wills, trusts, and powers of attorney, but conservatorships are an equally important element that should not be overlooked. A conservatorship can provide a means of protection and support for individuals who are no longer capable of making decisions for themselves due to age, illness, or disability.
In Alaska, as in many states, conservatorships come in two distinct forms: temporary and permanent. Understanding the difference between these two types of conservatorships and how they can impact an individual’s life and assets is critical.
Having a compassionate lawyer with a strong understanding of estate planning, and the ability to resolve disputes through negotiation and alternative means, can make a significant difference. The Law Office of Justin S. Eppler, LLC is an experienced estate planning attorney in Anchorage, Alaska, as well as Fairbanks, Juneau, Wasilla, and Palmer.
What Is a Conservatorship?
A conservatorship is a legal arrangement where a court appoints someone (a conservator) to manage the personal and/or financial affairs of another person (the conservatee) who is unable to do so themselves. This typically happens when the individual is physically or mentally incapacitated, whether due to aging, a medical condition, or a disability.
The conservator acts in the best interests of the conservatee and makes decisions related to their care, finances, and overall well-being. In Alaska, conservatorships can be established for individuals in various regions. It’s important to understand that conservatorships can either be temporary or permanent, depending on the individual’s circumstances.
Temporary Conservatorships
What is a Temporary Conservatorship?
A temporary conservatorship is an arrangement that is designed to address immediate or short-term needs. It is usually established when there is an urgent situation that requires intervention to protect the individual’s well-being. This might occur in cases where an individual is temporarily incapacitated due to illness, injury, or a sudden medical condition.
This conservatorship is often put in place quickly and for a period of 30 to 90 days, though it can be extended if necessary. During this time, the court might require the conservator to make decisions about the conservatee’s medical care, housing, or finances while the situation is evaluated more thoroughly since the conservator can manage the conservatee’s affairs.
Why Is It Important?
Temporary conservatorships are often used when an individual’s condition is expected to improve and their incapacity is not permanent. For example, if someone has a temporary medical condition like a stroke, the conservatorship can allow a trusted family member or professional to step in and manage their affairs while they recover.
In some cases, temporary conservatorships also provide a buffer while a more permanent solution is being discussed or arranged. It’s also worth noting that a temporary conservatorship can help prevent immediate harm to the conservatee.
For example, if there are concerns about an individual’s ability to make decisions in their own best interest, such as a person with dementia who may have wandered away from their home, a temporary conservatorship can provide the legal authority to step in and address the situation.
What Can a Temporary Conservator Do?
A temporary conservator has the legal authority to make decisions on behalf of the conservatee during the time the conservatorship is in effect. These decisions can include:
Managing the conservatee’s financial affairs
Overseeing the conservatee’s medical treatment
Arranging for housing or caregiving services
Making decisions about the conservatee’s personal care needs
It’s important to note that temporary conservatorships are limited in scope. The conservator is typically only authorized to make decisions that are directly related to the emergency or short-term situation that prompted the court to establish the conservatorship.
Once the temporary conservatorship ends, the conservatee may regain control over their affairs, or, if necessary, the court may establish a permanent conservatorship.
Permanent Conservatorships
What Is a Permanent Conservatorship?
A permanent conservatorship, on the other hand, is meant for long-term situations where the individual’s incapacity is unlikely to improve. This can happen in cases where the person has a progressive illness, a severe disability, or is elderly and has lost the ability to make informed decisions about their personal or financial matters.
Unlike temporary conservatorships, which are designed to address short-term or urgent issues, permanent conservatorships are established for individuals who need ongoing assistance. These are typically reviewed periodically to assess whether they are still necessary, but may last indefinitely unless the individual’s condition improves or the court decides a change is needed.
Why Is It Important?
Permanent conservatorships play a key role in estate planning for individuals who will not be able to manage their own affairs for an extended period or indefinitely. They provide a structured way to protect an individual’s rights and assets, while also giving a trusted conservator the authority to make decisions that are in the conservatee’s best interests.
This is especially important for individuals with chronic conditions, such as Alzheimer’s disease or other forms of dementia. According to the National Institute on Aging, over 5 million people in the U.S. are living with Alzheimer's disease, a progressive condition that often leads to the need for conservatorships as the individual’s ability to make decisions diminishes over time.
A permanent conservatorship also provides stability for the conservatee and their family. It can offer peace of mind, knowing that there is a legally designated person responsible for making sure that the conservatee’s needs are met over the long term.
What Can a Permanent Conservator Do?
A permanent conservator has broad authority to make decisions on behalf of the conservatee. These decisions can include:
Managing the conservatee’s financial affairs, including paying bills, managing investments, and handling property
Making medical and healthcare decisions, including decisions about long-term care
Overseeing the conservatee’s living arrangements and assuring they receive proper care and attention
Making decisions about personal matters, including the conservatee’s social life, activities, and general well-being
The conservator is expected to act in the conservatee’s best interests and to make decisions that promote their welfare. In some cases, the court may place limits on the conservator’s powers, depending on the conservatee’s needs and the specific situation.
How Estate Planning Applies to Conservatorships
Estate planning plays a vital role in both temporary and permanent conservatorships. When a person creates an estate plan, they are making decisions about who should manage their affairs in case they become incapacitated. Estate planning documents like a will, trust, and power of attorney can help streamline the process of establishing a conservatorship.
Establishing a conservatorship can be a more involved and emotionally charged process than other aspects of estate planning. For example, legal disputes can arise if there is a family disagreement about who should serve as the conservator. This is where having a compassionate lawyer with negotiation skills can be critical.
How a Compassionate Lawyer Can Make a Difference
Whether you are facing a temporary or permanent conservatorship situation, working with a compassionate lawyer who specializes in estate planning can make all the difference. A skilled attorney can help you understand your options, advocate for your interests, and guide you through the legal process with sensitivity and professionalism.
Conflict Resolution Through Negotiation
Estate planning is inherently about protecting your loved ones but can also be fraught with conflict, especially when decisions about conservatorships are involved. A compassionate lawyer can help resolve disputes by engaging in effective negotiation strategies that prioritize cooperation and family harmony.
Whether it’s working out a disagreement about who should serve as a conservator or finding a solution that best meets the conservatee’s needs, the right lawyer can make the process smoother and less stressful.
Finding Alternatives to Court Disputes
While some estate planning issues require court intervention, a good lawyer will always look for alternatives to resolve disputes outside of litigation. Mediation and other forms of alternative dispute resolution can be effective ways to address disagreements about conservatorships in a less adversarial environment. This can help preserve family relationships and avoid stress.
Reach Out to Us Today
Whether you are considering a temporary or permanent conservatorship for yourself or a loved one, estate planning is crucial to ensure that the right decisions are made at the right time. In Alaska, as in other states, conservatorships offer a legal outline for protecting vulnerable individuals, but they also require careful thought, legal guidance, and compassion.
Having a lawyer who understands estate planning details and has the negotiation skills to resolve disputes effectively can help make the process smoother for everyone involved.
If you’re in Anchorage, Fairbanks, Juneau, Wasilla, or Palmer, don’t hesitate to contact an experienced estate planning attorney to discuss your options.
By planning ahead and working with the right legal professional, you can ensure that your loved ones are well taken care of—whether the conservatorship is temporary or permanent. Contact the Law Office of Justin S. Eppler, LLC today.
