Key Takeaways
- Conservatorship does not remove a person’s fundamental rights or personal dignity.
- Individuals retain autonomy over everyday personal choices and daily activities.
- Conservatees have the right to participate in legal proceedings that affect their lives.
- Access to medical, legal, and financial information remains a protected right.
- Advocacy and legal support help ensure conservators act in the individual’s best interests.
In recent years, lawmakers have proposed reforms aimed at strengthening protections for people subject to guardianships and conservatorships. The Congress even introduced the Guardianship Bill of Rights Act to make basic rights for people under guardianships and conservatorships into law.
Some of the proposed rights are the ability to hire a lawyer, to take part in all decisions that affect their life, and protections when it comes to voting, health, housing, money, and relationships.
Even if a family member has to undergo a conservatorship because of mental health problems or cognitive decline or other reasons, his or her rights and interests will still be there to safeguard. The complicated process of conservatorship makes hiring a conservatorship attorney necessary to support you in facing the hard task of securing your rights.
Here are the rights that conservators usually have:
Understanding Conservatorship: A Brief Overview
A conservatorship is a court-ordered legal arrangement designed to protect individuals who cannot manage certain personal or financial affairs on their own.
When somebody is placed under conservatorship, a court appoints a conservator, who makes the decisions for them. Their duties may involve attending to financial matters, health care, day-to-day care decisions about housing, etc.
Conservatorship lawyer Alexander B. Gerred, Esq. says in some states like SC, for someone to require a conservator or guardian, he or she must be unable to make his or her own choices due to impairment.
Conservators are legally required to act in the conservatee’s best interests and are often subject to court supervision, reporting requirements, and ongoing review.
The Right to Personal Autonomy
Some may feel that being under conservatorship limits their freedom over their life. This is not the case at all. As an individual, you still have the right to your personal autonomy. This rule does not hinder your ability to choose what to wear or eat or how to spend your free time.
Conservatees still have the power to choose and act freely for their everyday life. Their opinions and decisions still count, and the conservator should respect that.
What’s important is to keep open communication with your conservator. This is just one simple way to ensure that your conservator listens to you and that your needs are properly addressed. The conservatorship process allows you to be in a comfortable, supportive environment.
The Right to Participate in Legal Proceedings
You may be under conservatorship, but it doesn’t hinder your ability to take part in legal proceedings, especially those that impact your life.
People will listen to, respect, and value you when someday your health or finances are involved. Please know that you should not feel alone during these traumatic times: bring a friend or family member that you trust as your support person to these court events.
Your wishes matter, and the law respects the fact that you should play a role in enlightening those with whom you have had family loyalties about your life here and henceforth. Do give care so your participation can still foster empowerment and ensure that your best interests are looked after.
The Right to Access Information
Conservatees are not incapacitated. They still have their own thoughts and opinions that they may want to express and address. And though they may be under conservatorship, being aware of their situation gives them authority over their life and choices.
As a conservatee, you can have copies of any document related to your conservatorship. Your medical records and financial statements are still yours to freely see. Accessing this information about your life gives you a better understanding of your situation. And it’s only right for you to consult experts who can clarify any confusing information.
Remember, the information you possess can influence how you engage in your care and support. It also gives you a sense of belonging and authority over your life.
The Right to Advocacy and Support
Advocacy and support rights are a must for anyone under conservatorship. This can secure their representation in making known their issues and choices. You ought to have someone in your corner heavily advocating for your rights and helping you come to final decisions.
Usually, such support comes from family members, friends, or professionals. They advocate for you and empathizes with your case and are genuinely committed to your goodwill.
Your advocate must understand what matters most to you. Talk to them openly so your voice is heard. You have the right to speak up for yourself, so don’t be afraid to ask for help when you need it.
FAQs
What is a conservatorship?
A conservatorship is a court-ordered legal arrangement for people who cannot manage certain personal or financial affairs. A conservator is appointed to make specific decisions while remaining under court supervision.
Do people under conservatorship still have personal rights?
Yes, individuals under conservatorship retain fundamental rights and personal dignity. They can still make everyday decisions about their lifestyle, preferences, and routine activities.
Can a conservatee participate in court proceedings?
Yes, conservatees have the right to be heard in legal matters that affect their health, finances, or living situation. They may also bring a trusted support person to court for assistance.
What information can a conservatee access?
A conservatee has the right to review documents related to their conservatorship, including medical and financial records. Access to this information helps them understand and participate in decisions about their care.
Why is advocacy important in a conservatorship?
Advocacy ensures the individual’s wishes and interests are properly represented. Support from family, friends, or professionals helps protect their rights and well-being.