It's not always easy to determine whether someone is capable of making decisions. In some cases, it's obvious that a conservator is necessary -- for example, for a person who's unconscious or semiconscious, or who has advanced Alzheimer's or other forms of dementia. But many other people have physical or mental limitations that diminish but don't totally erase their decision-making capacity. In that case, a judge has to weigh opinions and options.
If she can communicate, a judge may want to speak directly to the elder, or have a special court officer do so, in addition to reading reports from doctors and family members. The judge or court investigator will ask whether he/she understands the court proceedings, whether she wants a conservator, and whether he/she feels she can make her own decisions.
If, after a preliminary investigation, it's still not clear whether she needs a conservator, or who that conservator should be, the judge may appoint a separate lawyer to represent her in the court proceedings.
A-1 Home Care provides care for conservatees and their families in Beverly Hills, Los Angeles, Glendale, Culver City, Hollywood, Santa Monica, Studio City, Brentwood or Culver City.
If you would like more information on live in care, personal services or in home care, call A-1 Home Care at 310-657-8780 or
