When a person is lacking the mental state to be able to give consent for medical treatment, enter into contracts etcetera, under the proper circumstances, this office can help the client obtain a Conservatorship for that person. A conservatorship will help to manage the health, welfare and financial needs of the impaired person.
We work with family members, conservators and lawyers to provide assistance to the person in need by filing the necessary Petitions with the court, obtaining bonding for the Conservator through the bond company, providing status to the court on the care and welfare of the person in need and reporting to the court a detailed accounting.
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FREQUENTLY ASKED QUESTIONS ABOUT CONSERVATORSHIPS:
How can I become a Conservator?
There are only one way to become a Conservator, through the Courts. It is a legal, fuduciary position created by the Court, bestowing upon that person
certain duties and responsibilities which are enumerated within the Probate Code.
What does a Conservator do?
The tasks of a Conservator depend upon whether the Conservator is appointed for the physical person or just the estate or both the person and estate.
A conservator of the person will assist the disabled person by helping them with medical decisions and managing their daily activities. A conservator of the
estate help to manage the financial affairs of the disabled person. Some examples include opening a bank account and paying bills.
How will I know what to do as a Conservator?
As a Conservator you should have the advice and counsel of an attorney at all times. You also have a Conservatorship Handbook and numerous other
opportunities to understand your responsibilities. You should always consult with your attorney on decisions and maintain a close working relationship
so that any changes in the Conservatorship you deem necessary can be properly authorized by the Court.
What is an Account for a Conservatorship?
On a periodic basis, the Conservator is required to provide an accounting of all of the income and expenditures made on behalf of the Conservatee during
that period. It is usually approximately a year but can very depending on the court.
How Much Will it Cost to Set Up a Conservatorship?
Conservatorships can be very straightforward and simple matters but they can also be quite complex and difficult depending upon the circumstances.
The participation and cooperation of family members is vital to the proper establishment of a Conservatorship. Where family members are not cooperative,
or there is considerable dispute or disagreement about the appropriateness of a Conservatorship or its functioning the costs can become much higher.
Given different circumstances that might arise, the cost can be estimated but there is no standard cost associated with establishing a conservatorship.
It is something that must be discussed once the circumstances are explained and fully understood.
Can I Move the Conservatee to a Different Residence?
The Court authorizes a Conservator to determine the Conservatee’s residence but it places certain responsibilities on you to provide a notice of those changes.
There are also some limitations on moving the Conservatee out of state and other limitations on the sale of the principal residence.
All of these actions require court authorization and should be something to be discussed with your attorney.
Who Can Be the Conservator?
California law has a priority list of Conservators that allows the Court to appoint, starting with the closest family best interest of the Conservatee at all times.
The Court's overriding consideration is what is in the best interest of the Conservatee.
Can the Conservator Get Paid for Services?
The Conservator can be authorized by the Court to be paid just and reasonable fees for the services provided to the Conservatee. The Court must
approve such payments. The Conservator is not authorized to make any payments for conservator services without a court order.
Can there Be More than One Conservator?
Appointment of Co-Conservators is feasible but typically, it crates additional expenses on the Conservatorship Estate. It can also create more difficult
management of the Conservatorship. It is not a relationship that one should go into lightly.