Planning for Loved Ones Afterwards & Conservatorship
Estate planning and conservatorship are issues many families face nationwide and Utah is no exception. Planning in its most basic form comes via a will or holographic instrument (self-written last testament). Conservatorship, on the other hand, involves taking over the interests and estate of someone who becomes a ward or conservatee; this is oftentimes the case when an elderly parent or relative loses cognitive ability and needs protection by a guardian or like protect them financially and their wellbeing.
Confusion About Estate Planning
Many people think that estate planning is just about writing a will. In fact, it’s much more. Estate planning encompasses the entirety of planning for what happens after someone passes. This can include a health directive for decisions to be made if a person is incapacitated, such as in brain death or an irreparable coma, for a partner or spouse’s financial well-being upon death, the passing of assets to children and relatives, the payment of outstanding liabilities, and even charitable donations or last wishes for burial or cremation. In total, estate planning involves deciding the fate of assets as they exist now as well as where they should go once someone has passed.
Wills are not the only tool that can be used and crafted by Heber estate planning attorneys. Trusts provide a powerful means of controlling the distribution of assets, both after passing as well as while still alive. Trusts can ensure, for example, that assets are not spent before certain contingencies are met, such as a set age for the beneficiary, or they can be crafted in a revocable manner, in case the party doing the planning changes their mind down the road about the terms of distribution.
Conservatorship Utah Aspects and Issues
Few like the idea of someone taking over the management of their life and finances, but it becomes a reality in multiple families every year due to the cognitive decline or health of loved ones. Whether from age or accident, the need for legal ability to manage another’s affairs is provided for in Utah law through conservatorship. The power is granted to the requesting party by the court to provide for the care and finances of an identified party, usually a relative but not always. Unlike guardianship, which involves the care of children, conservatorship is specific to adults.
Conservatorship can be limited or full. In the limited form, it is usually applied where the benefitting party suffers from a disability that makes it unreasonable or impossible for them to be left to handle their own affairs. Typically, the disabled party can handle some issues and needs, but they need additional adult help for more complicated matters.
In terms of estate planning, terms are advised to provide for a party to be a guardian of children left behind or a conservator for cared-for adults left behind.
A general conservatorship, in comparison, is a matter of full control and is usually applied in the case of seniors who can no longer take care of themselves for health reasons, injury, or cognitive decline. In these cases, the conservator has full legal control of the benefitting party’s affairs. Conservatorship is most seen in elderly parent situations, but it could apply to younger adults. Singer Britney Spears is a famous example.
Rights and Responsibilities
While a conservator in Utah can obtain by court order the legal authority to manage a conservatee’s property, finances, health decisions, and similar, the conservator is also legally accountable and responsible for the conservatee’s health and wellbeing. It’s not a decision to make lightly given the scope of burden one legally takes on. Further, the court retains the power to review the matter again and make changes down the road, which can happen if petitioned by another party or the state.
How to File for Conservatorship
If you’re considering conservatorship or need help with regular estate planning, the Gordon Law Group is available to assist. Our legal team has extensive depth in both areas of law and can provide professional guidance on options, and possibilities as well as representation in family court for conservatorship filings. There’s no need to try to handle the related paperwork alone. We are your Heber lawyer resource. Call us today!
