What is a Conservatorship?

A conservatorship is a process where a Petition is filed with the Court because someone is no longer able take care of their affairs. The conserved person is the Conservatee. The person taking care of the Conservatee is the Conservator. This can be a conservatorship of the person [personal care issues], of the “estate” [meaning finances], or both. The Court appoints a person to handle and be responsible for another person’s financial and/or daily living affairs and needs.

Conservatorship might be necessary when a person in need cannot handle their affairs and has not nominated another person to help. That help could be through a Trust or powers of attorney, when the person nominated is not suitable, or in the case of physical or financial abuse.

If you are looking at a conservatorship as an option, the planning has failed. Going to Court, having to make all your personal financial information public and having to account annually can be completely avoided. You can do this by setting up the tools to prevent the need for this, during your life.

With powers of attorney for asset management and an advance directive, someone is nominated in advance to step in for you if you can no longer handle your own decisions.

A Trust can also set out your personal care directions. You list a series of people you nominate so that if there is someone who cannot do the work [due to death or unavailability], the next in line can step in.
This is also the case if there is elder abuse. The next in line can take steps to replace the abuser and protect the elder.

You can avoid having to go a public, expensive route by proper planning.

-Elizabeth

 Phone: 925-362-1010

 E-Mail: elizabeth@johnsonestateplanning.com

 

 

Learn More about Conservatorships and what it means to be a conservator here


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