Many general practice attorneys do provide wills, living wills, and POA (Power of Attorney) services.
However, conservatorship law and the attorneys that practice it should be chosen because they have years of experience and training in this field. Conservatorship is not a “one size fits all type” of law and there are many different types. No matter what type of conservatorship is sought there are state and federal requirements and all types are granted through judicial processes in a probate court that serves the county generally in which the conservatee (the person needing assistance) is located. When seeking an attorney that specializes in this law, parties must know the different types of agreements before heading into court.
An attorney that specializes in conservatorship law is always needed!
Because of all the different types, this is not a type of law that can be undertaken by oneself or by a general attorney for the most part. There is estate only types, that focus only on the proper handling of finances, medical and personal types only, which can be called conservatorship of person and deals with medical and lifestyle issues. Medical types can be stringent and all encompassing, and even allow placement of an individual in a nursing facility or personal care home. Limited conservatorship is usually granted when an adult disabled child or parent wants to live on their own but still needs input and restrictions.The conservatorship attorney can then help pick and choose the right type of residency, whether an apartment, or even a group home depending upon needs of the individual. Joint conservatorship types also exist where either two parents, or two children of a disabled or compromised adult, have the same amount of input as to care. The joint type can be somewhat more complex for an attorney, as rules of engagement and responsibilities must be spelled out explicitly to prevent ongoing battles.
Full conservatorship is the most difficult to obtain because of its constitutional biases.
It usually is granted in certain instances such as coma, where an individual is incapacitated and totally non-functioning, or in extreme disability, where normal functioning is so limited, that no function of life can be performed by the impaired individual on their own. Dementia impairment that is very severe is oftentimes one of the cases in which full conservatorship is granted. An attorney should be consulted in all agreements but especially in full conservatorship as it does take away the inherent civil rights of an individual and judges are extremely careful in these cases. Reviews and repeated court hearings might be required intermittently once granted.
