So, you have a loved one who is no longer capable of taking care of themselves. Last time, we talked about what a conservatorship is and why you may need one. Now, we’ll look at the process. Unfortunately, the process is long and can be expensive. Which is why it is so critical to get a power of attorney ahead of time for your loved ones. Did you know that your children should have a power of attorney once they reach 18? If your child is injured, you may not get automatic access to medical records and to make decisions on your adult teen’s behalf. There’s more information in my article, Have a child heading to college? A few legal documents they need before they leave the house.
The bottom line is that every adult – every adult – needs to have a Power of Attorney in place to protect them should they become injured or otherwise incapacitated. To be able to make decisions on another’s behalf, a power of attorney is required. In addition, the health information privacy laws (HIPAA) will restrict who can see medical records unless you have a HIPAA-specific waiver. If you’re concerned about your loved one not having a power of attorney, and their unwillingness to get one, then get one yourself so you can speak to the process and experience.
If you don’t have one and your loved one becomes incapacitated, then you will need to go to court to apply for a consevatorship. Once the conservatorship is filed, which in California can cost $400 or more just for the court filing, the paperwork needs to be send to all first-degree relatives (children, parents, siblings, etc.). A hearing is set to grant or deny the temporary conservatorship, and then a hearing is set for the permanent conservatorship, generally a couple months out. In the meantime, any other relatives can file their own objections to your petition. In addition, a court-appointed investigator talks with you, the family member who you think needs a conservatorship, doctors, caregivers, and everyone around in order to do a report for the court, either recommending the conservatorship or not recommending it.
In cases where the family is all on the same page, the process generally goes smoothly. But this doesn’t change the fact that it can take six months or more, and cost several thousand dollars to accomplish.
Christina McPherson, Attorney: McPherson Law Group - Estate Planning, Living Trusts 
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