Capacity to Manage Personal and Financial Affairs

The Bernatz Expert is often appointed by the courts or retained privately to determine if an older adult is able to provide properly for his or her personal needs for physical health, food, clothing and/or shelter or if they are unable to manage his or her own financial resources or resist fraud or undue influence. If necessary, a conservator/guardian over their person and or their estate may be appointed.

 
Case Example:
A dutiful daughter and son were attempting to assist their 85-year-old eccentric father who was living alone and found to be eating only cereal, missing bill payments and giving away money to the same charities monthly.  They petitioned the court to have their father conserved over person and estate. A Bernatz Expert, appointed by the Court, opined that their father had significant cognitive deficits that interfered with his ability to take care of himself independently and manage his five-million-dollar estate. Due to the contentious family dynamics between the children and father, they nominated a private professional conservator who was appointed by the court to be the father’s conservator.