2 Tips For Filing For Conservatorship Over A Sick Parent While They Are Married

A conservator is someone who has been granted the rights to take care of another adult. This involves having control over medical and living conditions. A conservator is typically granted when the adult is no longer able to care for themselves. Conservators are commonly granted in cases involving dementia and other mental diseases. If the adult is married, the conservator is naturally expected to be the person's spouse. However, there are cases in which the spouse refuses to care for the adult. This can happen if the couple is still married, but they are no longer together and did not file for legal separation or a divorce. In these cases, an adult child can step in and become the conservator of their sick parent. While this may seem easy, this process can be time-consuming. Therefore, there are a few tips you should use when attempting to file for conservatorship over your parent.

Ask Their Spouse for Consent

The easiest way to be appointed as a conservator over a parent is by receiving consent from the spouse. In many cases, the spouse will just be your other parent. If the spouse agrees to the conservatorship, the courts will more than likely appoint you as a conservator over your parent. If the spouse has no interest, in taking care of the individual, then they will more than likely be willing to give consent. On the other hand, if the spouse disagrees, then this can make the situation tricky.

Prove That You Are in Your Parent's best Interest

If the spouse does not automatically consent to the conservatorship, then you will have to prove that you are in your parent's best interest. What this means is that you will have to show the court that appointing you as a conservator will be the best choice for your parent's overall health and well-being. This can be done by showing the court proof of financial stability, commitment and mental stability. The court will automatically consider the spouse as the first choice for a conservator. Therefore, unless the spouse has a criminal history or is mentally unstable, you will need to work hard to prove that you are better suited to be your parent's conservator. Consider hiring a family lawyer, such as from Slayton Law, for help with this. 

Ultimately, who is granted conservatorship over a sick parent is up to the judge. However, they will always start off at the top of this list with the spouse and work their way down. Therefore, use these tips to ensure that you are able to get conservatorship over your sick parent.