Swimming against the Tide: A Case Study on the Removal of Conservatorship and Guardianship

This article evaluates the role healthcare providers play in balancing safety versus autonomy among elders when performing capacity evaluations.

Presentation of a case study consisting of an 85-year-old, Caucasian, widowed, male, post-stroke veteran, residing in long-term care. He was assigned a permanent court-appointed joint guardian and conservator, but wanted to remove both of these as he felt he had the ability to manage his own affairs. This case study specifically addresses the issue of financial capacity.

After completion of the evaluation, a case was made for the least restrictive means balancing patient autonomy and protection, opting for a limited conservatorship. The court, using the evaluation as evidence, completely removed the guardianship and conservatorship.

This article outlines how providers can navigate multiple roles, team dynamics, and advocate for enhancing the capacity of an older adult.