Conservatorship for Incapacitated Adults
Conservatorship Attorney in Thousand Oaks, CA
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 adult 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 adult), 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 for an incapacitated adult 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.
Who may be the conservator?
A conservator must be nominated, then approved and appointed by the courts. The conservator can be nominated by the incapacitated adult 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.
Disadvantages of a Conservatorship
- Publicity – A conservatorship makes a person’s incapacity a matter of public record
- Expensive – conservatorships involve court costs and legal feels
- Time Consuming – A conservatorship is a slow process involving court investigators and judges along with court accountings
- Ongoing commitment – Once a conservatorship commences it will continue until the conservatee either regains capacity or dies
- Court accountings covering all financial aspects of the conservatorship may be required every two years and must be presented in the court required format
Avoid Conservatorship and Gain “Peace of Mind”
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 an adult becomes incapacitated in the future, his or her instructions regarding health and financial matters will be clearly stated and can be carried out by his or her designated agent without court involvement.
Have questions? If you would like to learn more about conservatorships for incapacitated adults, call a Thousand Oaks, CA conservatorship attorney today at (805) 496-4681. 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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