A conservatorship is the legal process where a party (the “conservator”) is appointed by the court to manage the affairs of another person (the “conservatee”). When is a conservatorship appropriate? In order to appoint a conservator of the person, there must be strong evidence that the conservatee is not capable mentally or physically of providing for his/her own basic needs. If the conservatee cannot properly manage his/her finances, a conservator of the estate can be appointed. A conservator may be of just the person or estate or both. To obtain a conservatorship, a petition must be filed with the court requesting the appointment. The appointed conservator is most commonly a family member. In fact, California law provides a list of preferences based on the individual’s relationship to the conservatee. If a family member is not able to serve as the conservator, the court can appoint a friend, professional conservator, or government agency.
The powers of the conservator can be general or limited. A general conservator has more comprehensive powers and is awarded if the conservatee is incapacitated or otherwise wholly unable to care for him/herself. A limited conservatorship gives the conservator only certain specified powers, allowing the conservatee to exercise the rights and powers he/she is able to maintain.
A conservator owes a fiduciary duty to the conservatee. This means that he/she is legally obligated to take only actions that are in the best interest of the conservatee and must act in good-faith and with the upmost loyalty to the conservatee.
If you have questions regarding conservatorships, contact The Legacy Lawyers for help.
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.