Updated: Nov 28, 2022
A Quick Guide To California Conservatorships
Going into a conservatorship is a crucial decision. The conservator is given the right to decide everything for the conservatee. With this amount of power getting handed to another person, anyone who's considering filing for one should know everything they can about conservatorships.
Here's a list of FAQs to help guide you through this important decision:
When Do You Need A Conservatorship?
When an adult who lacks the mental capacity to care for themselves or their estate needs protection, a conservatorship is filed.
When Do You Not Need A Conservatorship?
A conservatorship may be unnecessary if the potential conservatee can sign an Advance Healthcare Directive or a Durable Power of Attorney.
Here are a few instances where you might not need it:
If the potential conservatee can stick to a plan that meets their needs
If they are married and their partner can handle their finances
If they only receive welfare or Social Security income and can appoint a representative payee to receive checks on their behalf.
Consult with prescreened Glendale Estate Planning Lawyers in California for other available options for you and your family.
Who Can Initiate The Process?
There are a few viable people who can submit a conservatorship:
The potential conservatee
The potential conservator
The potential conservatee's spouse
A potential conservatee's relative or friend conservatee
A public officer
An interested individual or state or local agency can start the process
What Do You Need To File A Conservatorship?
First, a conservatorship petition must be filed with the court. This petition will include information about all parties involved and justifications for the conservatorship.
The petition can be written and filed by an attorney. After that, the possible conservatee must be notified of the proposed conservatorship by delivering a copy of the petition and a citation.
It's also crucial to provide a copy of the petition, as well as a written notice of the court hearing, to the potential conservative's spouse and close relatives.
After then, a court investigator will conduct an impartial inquiry into the conservatorship to gather information. After that, the probate court, which is part of the superior court, will schedule a hearing, during which the putative conservatee must be present unless excused due to illness.
If the judge is ready to make a judgment, they will decide whether to grant or refuse the conservatorship after considering all relevant factors. The court will then issue an order appointing the conservator and letters of conservatorship, which specify who the conservator and conservatee are and can be used by the conservator to verify the legal authority.
That said, consult with a Glendale Estate Planning Lawyer for any concerns to help you go through the specifics of filing conservatorships in California.
What's The Difference Between A California Conservatorship And A Power Of Attorney?
While both designations delegate control of a person's financial, legal, and personal decisions to another, power of attorney is given before a person becomes incapacitated but is at risk of becoming incapacitated.
What's The Difference Between A California Conservator And A Guardian?
Both titles refer to family members, friends, or professionals who have been assigned by the court to care for an adult that's been deemed unable to take care of or make decisions for themselves.
The difference is that a guardian is primarily responsible for medical choices, but a conservator is responsible for all legal, medical, and personal matters.
For more details, talk to your Glendale Estate Planning Attorney.
How Long Will A Conservatorship Last in California?
A conservatorship will be effective as long as the conservatee lives—unless otherwise indicated. In other circumstances, however, a conservatorship is established to safeguard the conservatee during a terrible sickness or accident. There is the option of ending the conservatorship after recovering, although this form of conservatorship is uncommon.
A conservatorship can also be ended before the conservatee's death if the conservatee's assets are depleted. The conservatorship of the person would continue in this instance. Still, the conservatorship of the estate would no longer be required.
What Is Conservatorship Of A Person?
A conservatorship is granted when a person is in danger of harming themselves because they cannot meet their basic needs for food, clothing, and shelter. This could be due to financial difficulties or the fact that they risk their health by refusing assistance.
What Is Conservatorship Of An Estate?
Conservatorship of the estate varies from conservatorship of a person in that it places a person in charge of financial affairs (the "estate") rather than medical or personal decisions, as conservatorship of a person would.
To know more about the types of conservatorship, consult with a Glendale Estate Administration Attorney.
What Is A Temporary Conservatorship?
A temporary conservatorship may be provided if the conservatee has emergency requirements and cannot wait for a general conservator to be appointed. Likewise, if a permanent conservator is removed and a new one has not yet been appointed, the court may allow them to fill in.
These conservatorships often last 30 to 60 days and have set termination dates. Additionally, temporary conservatorships usually come with more significant restrictions.
That said, you need to know what type of conservatorship should work best for your specific circumstances. Contact a Glendale Estate Planning Attorney to help you decide.
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