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 conservatee’s 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:

  1. 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.
  2. The spouse or person chosen by the spouse.
  3. An adult child or person chosen by the adult child.
  4. A parent or person chosen by the parent.
  5. A brother or sister or person chosen by the brother or sister.
  6. Any other eligible and appropriate person or entity.
  7. 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.