For many Baby Boomers, the idea of needing assistance as we age can feel overwhelming, and the possibility of a conservatorship may seem like an inevitable reality. Last episode we talked about conservatorships tackling what they are, their purpose and some of the challenges they present AND how to avoid them.
If you missed that episode I encourage you to go back and listen because there was a lot of good information in that episode. In this episode we are going to continue our discussion of conservatorships but talk about an issue that’s not always in the forefront, and that is the issue when it comes to the rights and freedoms that can be taken away as part of a conservatorship.
This episode we’ll be exploring how a conservatorship works, the rights it can strip away, and the consequences this can have on an individual’s autonomy, dignity, and emotional well-being.
What are the Implications of a Conservatorship?
Now, you might be asking: What are the consequences of losing these rights? There are many, and they go beyond just the practical implications of not being able to manage one’s own life.
First of all, this occurs because there has been a determination that the ward cannot make decisions and needs the protection of that court appointed person. There are bound to be consequences whether the ward is truly disabled or not because a conservatorship deals with taking these rights away – that might include the right to vote, the privilege of driving, the decision as to where you live and how you live, not to mention the right to manage your money or direct your care. So what might be the consequences of a conservatorship?
1. Emotional and Psychological Impact
Losing control over your own life can have a profound emotional impact. The loss of decision-making power can lead to feelings of helplessness, frustration, and depression. Many wards report feeling alienated or disconnected from their own lives. When you’ve spent years making your own decisions and suddenly have them taken away, it’s hard not to feel like you’ve lost a part of your identity.
2. Social Isolation
A conservatorship can also lead to social isolation. Since the conservator often has control over who the ward interacts with, relationships with friends and family members may become strained. If the conservator feels that certain relationships aren’t in the ward’s best interests, they may limit contact. This can cause significant emotional distress and loneliness for the ward, especially if they are unable to see the people they care about.
3. Abuse of Power
While conservatorships are intended to protect individuals, they can also leave people vulnerable to abuse. Sadly, there have been instances where conservators exploit their position for personal gain, mismanage finances, or neglect the needs of the ward. This is why choosing a trustworthy conservator is so vital.
4. Loss of Financial Control
For many Baby Boomers, losing the ability to make decisions about their finances can feel like a betrayal. Especially when it comes to their home, investments, or savings, the fear of financial mismanagement or even exploitation is real. The conservator has the authority to make decisions that may not align with the ward’s preferences, potentially leading to regret or financial hardship later in life.
As you can see, the consequences of losing these rights in a conservatorship can be significant and far-reaching. But it doesn’t have to be this way. There are steps you can take before a crisis happens to ensure that you retain as much control over your life as possible. There are ways to avoid the possibility of a conservatorship in your future. The key is taking action while you have capacity right now.
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Disclaimer: The information provided on this website and on the podcast is not intended to be considered as legal advice or constitute an attorney/client relationship as provided under the Tennessee Rules of Professional Conduct.
