A conservatorship can be a useful tool for families who have a loved one who may no longer be able to make decisions in their own best interests. Usually these situations arise from an elderly person who may be suffering from dementia, such as Alzheimer’s disease or someone who has been injured in an accident and may be incapacitated for a period of time. However there are circumstances in which a person may be considered by a probate court to be unable to make decisions on their own behalf or on behalf of their own children. The case of Britney Spears is one recent example.

As Michigan readers of our blog may know, we often reflect on popular current events to expand on the benefits of and need for proper estate planning. In the news of late, well almost always lately, it seems, is Lindsay Lohan, but this time it involves her father Michael Lohan who, according to reports, may be seeking conservatorship for Lindsay in court. This may seem like an extreme response to some of her recent exploits, however to a family member who’s loved one appears to be in danger by acting recklessly or not in their own best interest, it may prove to be the only way in which to protect that loved one.

Mr. Lohan claims that Lindsay is abusing alcohol and drugs again and should return back to rehab in order to complete her family and substance abuse therapy that she started. Apparently Mr. Lohan arranged to hold an intervention at Ms. Lohan’s home and claimed he had the support of her attorneys, manager and publicist for the intervention but they backed out at the last minute. Mr. Lohan last considered applying for conservatorship for his daughter in September of 2010 shortly after she checked into a rehabilitation clinic.

As many know from her constant media coverage, Ms. Lohan has been in and out of trouble with the law for the past five years or so, including drunk driving arrests, shoplifting and parole violations. If a conservatorship provides her with the support and help she needs to get past her troubles and learn how to tackle life’s challenges on her own, perhaps it may be a worthwhile pursuit for Mr. Lohan.

Source: CNN, “Lindsay Lohan’s Dad Wants Conservatorship,” Alan Duke, Oct. 23, 2012

Our Michigan law firm assists families and individuals with estate planning, including probate litigation and representation, guardianships and conservatorships similar to the one discussed in the above post.

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