CONSERVATORSHIPS IN CALIFORNIA

When an adult can no longer care for him or herself or manage his or her own finances, a court can appoint another person to take responsibility. This creates a "court ordered conservatorship" (also called a "probate conservatorship") between the protected person (the conservatee) and the responsible person (the conservator).

A conservatorship is a formal, legal authorization for the conservator - usually a spouse or domestic partner, family member, close friend, or hired professional - to make decisions for the benefit of the protected person. It transfers the conservatee’s powers over having control over his or her personal care and/or financial decisions to the conservator. It is particularly useful when the protected person is mentally or physically unable to understand and accept help, or is vulnerable to other persons who are trying to take financial advantage of the conservatee. In that situation, with the appropriate court order, a conservatorship can prevent a vulnerable person from marrying, contracting with, or conveying property to someone else without the approval of the conservator and in some situations, the court.

Types & Benefits of Conservatorship

1. Conservatorship of the Person

A court can order a “conservatorship of the person” for someone whose health is at risk because they can't provide for their own food, shelter, and other basic needs. The benefits of this conservatorship are:

·         It provides a way for you to assist a loved one whose health is at risk but who refuses help.

·        The conservator can obtain medical information and communicate with health care providers to make sure the conservatee receives the best medical care. This is particularly helpful if the conservatee is in a nursing home or assisted living home, or needs continuous monitoring for a serious health condition.

The conservator has the legal authority to make basic personal and health-care decisions for the protected person. The conservator is required to act responsibly and file regular reports with the court.

If your loved one needs help, but due to geographic distance or other factors, you cannot personally assume this responsibility, the court can appoint a professional conservator whose fees (which are usually high) must be paid from the conservatee's assets, unless a friend or relative wants to pay them.

2. Conservatorship of the Estate

A “conservatorship of the estate” is ordered by the court to protect the finances of someone who cannot competently handle his or her own debts and income, or who can't resist financial pressure from others. It is also used to permit Medi-Cal eligibility planning to help preserve the assets of a person who has entered a nursing home and is too ill to understand and consent to a Medi-Cal planning power of attorney.

A conservatorship of the estate can provide a way for you, as a family member or close friend, to help a loved one who is rapidly losing assets or piling up bills because they are unable to manage their money, or because they are being taken advantage of financially. The conservator has legal authority to make sound financial decisions for the protected person and to sign checks and other financial documents. The conservator must act responsibly and file regular reports with the court.

The benefits of a conservatorship of the estate must be weighed against the cost, which can become expensive due to court hearings, filing of regular reports, and other related tasks.

3. Conservatorship of the Person and Estate

A “conservatorship of the person and estate” may be ordered by a court to protect both the health and finances of an adult who cannot care for himself or herself. There can be a separate conservator of the person and a financial conservator, or a single responsible person can be the conservator of both.

4. Limited Conservatorship for Developmentally Disabled Adult

A “limited conservatorship” authorizes the conservator to be responsible for part of a developmentally disabled adult's life and finances, as specified by the court. The disabled person will retain all of their other rights, and the conservator is legally required to get treatment, services, and opportunities to help the disabled person become as independent as possible.

5. LPS Conservatorship for Serious Mental Disorders

An "LPS conservatorship" is ordered by the court under the California Welfare and Institutions Code (instead of under the Probate Code, as are the other examples above). An LPS conservatorship is for a person who is seriously disabled by a mental disorder or chronic alcoholism, and who may need to be placed in a locked facility. These conservatorships have very different rules.

How can an experienced estate planning attorney help you with a Conservatorship:

• Help you evaluate whether a conservatorship or one of the legal alternatives would be best for your situation.

• Prepare and file the legal documents needed to petition the court for a conservatorship.

• Represent you at all court hearings related to the conservatorship.

• Advise and assist you in applying for the legally required conservator's bond.

• Prepare and file the periodic conservator's reports the court requires under conservatorship law.

• Assist you in making legal decisions for the protected person (conservatee), including Medi-Cal planning where needed to protect the conservatee's assets.

• Assist you in evaluating and handling any disputes with other people over the care of the protected person and their assets.

• Refer you to other professionals, such as accountants or home health care agencies, if you need them to successfully manage the conservatorship.

• Advise you on other California conservatorship law relevant to your particular situation.

If you are considering a California conservatorship, please visit our website at www.RudolphLegal.com and contact the Law Offices of Eric A. Rudolph.