by Lisa C. Oliver, EdD
You may have noticed that when Singleton was still alive, his mother petitioned the court for CONSERVATORSHIP – that is to be given the ability to handle all his affairs because he is incapacitated.
HAD Singleton completed his ADVANCED DIRECTIVES, he would have NAMED someone his GUARDIAN and that guardian would be granted conservatorship automatically once it had been determined that Singleton was incapacitated.
ACTIVATING A CONSERVATORSHIP/GUARDIANSHIP WHEN A COMPLETED ADVANCED DIRECTIVE IS IN PLACE:
Determining an individual is incapacitated is determined by
1. the attending physician + another physician
the advanced directive is activated = getting guardianship, making the decisions for the incapacitated loved one, easy peasy.
TO BE AWARDED CONSERVATORSHIP/GUARDIANSHIP WITHOUT COMPLETED ADVANCED DIRECTIVE IN PLACE:
- Being determined incapacitated (yes the two doctors) +
- Petitioning the courts to prove that you are the person that should be awarded guardian
- Maybe fighting off others who believe THEY should be awarded guardianship.
- =TIME AWAY FROM THE LOVED ONE + ARGUING WITH OTHERS instead of loving on the incapacitated individual.
Just a note from your friendly Death, Dying, and Bereavement Educator….DrLisaOliver.com