Conservatorships can and should be avoided through proper estate planning, but the reality is that many individuals still do not have a comprehensive estate plan in place. Consequently, conservatorships may remain a necessary solution.
A conservatorship is best thought of as a court-appointed power of attorney or advance health care directive. These are the two crucial documents that can alleviate the need for a conservatorship. Without these documents in place beforehand, an adult lacking the capacity to make financial or healthcare-related decisions needs the court to appoint someone else for these responsibilities.
Financial decisions are handled by the Conservator of the Estate, while healthcare decisions fall under the jurisdiction of the Conservator of the Person. One person may serve in both roles, or separate individuals may serve in each role.
The court process is detailed and formulaic. It involves a court investigator, a court-appointed attorney for the Conservatee, a letter of incapacity for the court's review, and notification of all immediate family members of the Conservatee. This thorough process ensures that everyone is on the same page, and the Conservatee's feelings on the matter can be heard.
Once the conservatorship is established, the Conservator has the option to create an estate plan for the Conservatee and/or designate beneficiaries on financial accounts, thereby avoiding the need for probate upon the Conservatee's death. This not only benefits the family but may also eliminate the need for a Conservator of the Estate after the estate plan is established.
Conservatorships are heard by the probate court in California, and Tresp Law, APC, is well-versed in the proceedings and procedures needed to establish and maintain conservatorship status. Contact us today if you believe a conservatorship may benefit your loved one.
Contact Tresp Law, APC today at 858-248-2779 to discuss your personal situation in a free consultation.
