If you have a loved one that is unable to adequately care for themselves or incapable of properly managing their finances, it may be time to consider seeking a conservatorship. Typically, a relative, friend or other interested party is appointed by the Court to serve as conservator, but a public guardian can also be appointed. If a relative, friend or interested third party is willing to act as the conservator, we can help you with getting that person appointed to serve as conservator. We will help you formulate a care plan that addresses the personal care requirements of the conservatee such as providing food, clothing and shelter. We can also create a care plan for managing the conservatees finances and protecting their property and assets.
A California court is guided by the California Probate Code in appointing a conservator. Of those the Court finds equally capable, the order of preference is:
- The person chosen by the proposed conservatee, providing the proposed conservatee has the ability at the time that they choose a conservator to form an intelligent preference, unless the Court finds that the appointment of the person chosen is not in the best interest of the proposed conservatee.
- The spouse or person chosen by the spouse.
- An adult child or person chosen by the adult child.
- A parent or person chosen by the parent.
- A brother or sister or person chosen by the brother or sister.
- Any other eligible and appropriate person or entity.
- The Public Guardian.
There are lots of good reasons to act quickly if you think a conservatorship may be a good idea. Having conservator powers will give you the power and authority to protect the conservatee from physical harm and financial ruin. If you are uncertain about the timing for a conservatorship, feel free to contact us to schedule a no-cost consultation. We are truly here to help. Simply call: (714) 963-7543. At The Legacy Lawyers we are dedicated to your peace of mind.
