What is a conservatorship?
In California, a conservatorship is a legal arrangement whereby a judge determines an adult is no longer capable of managing his or her financial affairs and/or daily life.
Conservatorships are established for physically or mentally impaired adults – most often for elders, but also for adults who are developmentally disabled or the victims of a catastrophic illness or accident.
A conservatorship is created when a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances. Read More
When is a conservatorship appropriate?
The question of whether or not a conservator should be appointed often arises when an individual notices a family member or friend having trouble providing for his or her personal needs, managing finances, or resisting influence from another.
Determining whether a conservatorship is appropriate requires in-depth analysis of the individual’s circumstances during our initial consultation.
What are the pros and cons?
PROs: Conservators are subject to court supervision, which provides a powerful safeguard for an incapacitated adult; they are required to provide periodic reports detailing their actions and seek court permission before making major decisions, such as selling real estate or terminating life-support.
CONs: Conservatorships are time-consuming and expensive; they often require detailed paperwork, court hearings, and the ongoing assistance of a lawyer. In addition, all court proceedings and documents are a matter of public record, which can be an unwelcome intrusion for someone who values independence and privacy.
How can we help?
We assist our clients by petitioning for the appointment of a conservator, defending an individual from being conserved, or representing a proposed conservatee.
Common questions answered in an initial consultation include:
- Who should be named as the conservator and what are their duties?
- What type of conservatorship is appropriate?
- How is a conservatorship created?
- What is the effect of a conservatorship?
- What are the ongoing management requirements of a conservatorship?