Unraveling the complex world of conservatorships and mental illness, we delve into the legalities, implications, and the often misunderstood aspects. A journey that illuminates the intersection of law, mental health, and personal autonomy awaits.
Key points
While petitioning for a conservatorship/guardianship must meet a high legal burden of proof demonstrating to a judge a person’s “incapacity,” removing them can be a key motivator for individuals to make positive choices
- The regularity with which those with serious mental illness break with reality creates a real need for the protections these laws provide
- Few voices in these debates have demonstrated a full understanding of the criteria, purpose, and benefits of conservatorships
Why We Have Conservatorships
Historically, conservatorships/guardianships were designed to protect aging individuals with decreasing faculties from those set on taking advantage of them
- The statutes offer a means of assigning independent third parties the legal authority to make decisions on their behalf to best preserve their wellbeing and protect their financial interests
- Skeptics who view this authority as overly broad should understand that those petitioning for a conservatorship or guardianship must meet a high legal burden of proof demonstrating to a judge a person’s “incapacity,” meaning they cannot adequately understand and appreciate the nature and consequences of their own inabilities and are likely to suffer harm because of them
Conservatorships Are Not Always Forever
Once in place, the legal burden shifts to the individual to demonstrate to a court that the conservatorship/guardianship is no longer necessary.
- This often serves as a motivator to help individuals become compliant with treatment, gain insight into their illness and stabilize, encouraging them to make the positive choices they need to stay healthy and independent.
