It is not uncommon for a person to be able to manage a household and appear to function normally in activities of daily living, except the handling of personal finances. Sometimes a person who has always been cautious about spending money suddenly subscribes to dozens of magazines, applies for multiple credit cards or is talked into investing large sums of money in get rich schemes by unscrupulous strangers. The first reaction of worried family members is to seek a court-appointed conservatorship.

Like guardianship, conservatorship is a drastic legal measure that should only be used when all less restrictive alternatives have been tried. This chapter will describe less drastic alternatives to help a person with financial matters and to preserve family harmony. All of the alternatives discussed in this chapter can have two purposes: (1) to allow a trusted family member or friend to assist a person without obtaining a conservatorship; and, if necessary, (2) to prevent exploitation of a vulnerable person and/or waste of that person’s assets.

In this chapter we'll cover:

• Negotiation and Mediation
• Health Care Power of Attorney
• Surrogate Health Care Decisions under Uniform Health Care Decisions Act (UHCDA)
• Right to Die and UHCDA
• Federal Patient Self-Determination Act
• Emergency Medical Service “Do Not Resuscitate” Regulations

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