Though many Louisiana residents may think estate planning deals only with wills and what happens after death, there are various other areas that these plans may also address. With their estate plans, individuals can also plan for potential situations that could lead to incapacitation or an inability to make decisions on one's own. Within this area of elder law, individuals may want more information on conservatorships.
In the event that an individual is unable to make decisions for him or herself, there is an obvious need for another party to make those decisions. In some cases, a court-appointed individual may have to step in, and those individuals are called conservators. They deal with financial and personal care aspects of an incapacitated person's life in which choices need to be made.
If an individual has named a party that he or she would like to serve as a conservator, the court takes that choice into consideration first. If no choice was specified, the court must then move on to other options, such as a spouse, a party suggested by the spouse or other relatives. However, an interested person could petition to be named conservator, including those who have a claim against an estate.
In order to reduce the risk of an undesired person being named as a conservator, Louisiana residents may wish to plan ahead. They may utilize their estate plans to name conservators or power of attorney agents in order to dictate who has the power to make certain decisions. Interested individuals may wish to speak with experienced elder law attorneys in order to ensure that their plans are correctly created and put on record.
Source: noozhawk.com, "Chris Jones: Guardians and Conservators -- What's the Difference?", Chris Jones, Dec. 25, 2016