Q: Can a conservatorship override the decision making responsibilities of the appointed person in the will
My mother made me her health decision maker in making sure her wishes aren’t being disrespected. My older brother tells me because he’s the conservator over my mom’s estate that overides any decision making power that I have. I’m wondering how this is true when he is disrespecting my mothers wishes by allowing the doctor to administer antibiotics to help keep my mother alive for as long as possible.
A:
Under California law, a conservatorship and an advance health care directive (which appoints a health care agent) serve different purposes and are not necessarily in conflict with each other.
1. Conservatorship: A conservatorship is a court-appointed role that grants someone the authority to manage another person's financial affairs, estate, and/or daily life if that person becomes incapacitated.
2. Advance Health Care Directive: This legal document allows a person (the principal) to appoint a health care agent to make medical decisions on their behalf if they become incapacitated. The principal can also specify their wishes for medical treatment in this document.
In your case, if your mother has a valid advance health care directive naming you as her health care agent, you have the authority to make health care decisions for her in accordance with her stated wishes. The conservator's role is typically focused on managing financial and estate matters, not overriding health care decisions.
However, if there is a dispute between the health care agent and the conservator, the conservator can petition the court to intervene. The court will then consider the principal's best interests and their stated wishes in the advance directive.
If you believe that your brother, as the conservator, is not acting in accordance with your mother's wishes, you can raise this issue with the court that appointed the conservator. The court can review the situation and make a determination based on the evidence presented.
It is always best to consult with an elder law attorney in California to discuss the specific details of your case and to ensure that your mother's wishes are being respected.
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