When is conservatorship needed?
Assessing whether a conservatorship is necessary requires overcoming any presumption and offering clear, convincing evidence for the need of conservatorship. It must be demonstrated that the proposed conservatee cannot provide for their personal needs. Additionally, another reason for conservatorship is that the individual cannot manage their financial resources or they are susceptible to fraud or undue influence. An attorney can help you analyze these factors to clarify whether a conservatorship petition should be filed.
CONSERVATORSHIP OF THE PERSON
A conservator may be appointed for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter.
A conservator of the person is in charge the conservatee’s education. The conservator generally does not have the authority to make medical decisions for the conservatee unless the court finds that the conservatee lacks the capacity to give informed consent to any form of medical treatment. If the court makes such a finding, the conservator will have exclusive authority to make health care decisions for the conservatee. Health care decisions must be made in good faith and determined to be necessary based on medical advice unless otherwise ordered.
Once appointed, the conservator can decide where the conservatee lives, as well as whether the conservatee continues to live at home or in an institution. A conservator may establish the residence of a conservatee within California without prior court approval.
CONSERVATORSHIP OF THE ESTATE
A conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial resources or resist fraud under undue influence. A conservator of the estate’s primary responsibility is to conserve, manage, and use the conservatee’s property for the benefit of the conservatee.
When a conservatorship of the estate is established, it is presumed that a conservatee lacks the capacity to serve as a fiduciary. The appointment of the conservator essentially acknowledges that the conservatee lacks legal capacity to enter into or make any transaction that binds.