In California, conservatorships are created by the court to protect incapacitated adults. In California, we have two types of Conservatorships: “Conservatorship of the Person” and “Conservatorship of the Estate.” The difference is a Conservatorship of the Person oversees the personal affairs of the individual, while the Conservatorship of the Estate handles the financial affairs.
For example you may have a relative that experienced a stroke and has been disoriented and unable to recognize the people in their life. The doctors say the person is incapacitated. Your living relative is now unable to make the proper decisions for her personal life and financial life. With the help of our law firm, we can petition the court to have you or another person appointed to handle your relative’s personal and financial affairs and decisions.
A personal conservator would be able to make decisions for personal needs such as food, shelter, clothing, and health.
A financial conservator would be able to manage the financial affairs of the conservatee (the incapacitated person), including the payment of bills, investment of assets and handling all financial decisions. A financial conservator can help protect the conservatee from fraud and undue influence by others.
Getting appointed as a conservator can be a complicated, stressful and time-consuming process. For over 35 years Thousand Oaks conservatorship lawyers with Family Security Law Group, APC have counseled clients in Thousand Oaks, Westlake Village, Moorpark, Camarillo and throughout Ventura County on conservatorships and the alternatives.
A conservator must be nominated, then approved and appointed by the courts. The conservator can be nominated by the incapacitated person if he or she has sufficient mental capacity to do so. Additionally, a spouse, domestic partner, adult child, parent, or sibling of the conservatee may nominate a conservator. The court has the sole discretion to appoint the conservator.
The best strategy to avoid all of the above is to have a California Durable Power of Attorney for Health Care and Assets. This way, if a person becomes incapacitated in the future, their instructions regarding health and financial matters will be clearly stated and can be carried out by their designated agent without court involvement.
Have questions? If you would like to learn more about conservatorships, call a Thousand Oaks, CA conservatorship attorney today at 805-409-0108. Family Security Law Group, APC has been helping clients throughout Ventura County and Los Angeles County with their estate planning needs for over 35 years.
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