A conservator over the estate of another person (the conservatee) typically has full authority and control over the conservatees finances. However, there is one power that is usually reserved for only conservatees, which is to create and establish their own estate plan.
Pursuant to Section 2580 of the Probate Code, the Court can allow the conservator use Substituted Judgment to make a will, trust or other form of estate plan for the conservatee. A judge may also allow the conservator to change or revoke a trust, make gifts, and execute contracts on behalf of the conservatee.
A California court will usually allow a conservator to make an estate plan for the conservatee if the conservatee is too ill to do it alone. The court may also allow the conservator to make a new estate plan if the conservatees current plan was the product of abuse or undue influence. It starts with the filing of a petition in the proper court.
If you are a conservator seeking to create an estate plan for a conservatee, let us help you. Our attorneys have handled a wide array of conservatorship issues. They have even worked on some highly publicized cases involving celebrities. We can help with conservatorships for a person, an estate, or both. We can also help with regular, limited and LPS conservatorships. We are here to help you, and will walk you through the process from beginning to end. Schedule your no-cost consultation now by calling (714) 963-7543.