estate planning

Preparing & Protecting Your Future Legacy

James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

Common Questions: Conservatorship

If you have a loved one who is unable to take care of themselves or if they are unable to assume responsibility of their property, it is not unlikely that you are going to seek conservatorship and the rights that can be gained by it. This, however, is not a simple area of the law and it is likely that you have considerable questions.

For this reason, we have answered some of the most common questions below.

Difference Between Limited and General Conservatorship?

The main difference is that a general conservatorship is granted when the adult has had a declining ability to care for themselves. Often, this is because of waning health or the onset of a disease. On the other hand, limited conservatorship usually involves an adult who had a disability that occurred before they legally became an adult; in these circumstances, it is designed to help the adult enjoy as much self-sufficiency as possible.

What Are the Advantages of Gaining Conservatorship?

One of the most noted advantages of gaining conservatorship is that it is a court approved form of responsibility - it is therefore afforded powerful protection under the law. Put simply, it protects not only the health and well-being of the conservatee, but it also helps ensure that their property is not mismanaged.

How Is a Conservator Chosen by the Court?

In most cases, there is only one person who is attempting to gain the conservatorship and therefore it is a simple matter of appointing the conservator. However, in some cases, there will be several people who are attempting to fill the position. In other cases, when no one is stepping up, the court may have to find a public and / or professional person to fill the role. Typically, however, the responsibility is given to a relative.

When Does a Conservatorship Legally End?

There are several instances that would legally end the conservatorship. The first is should the conservatee no longer require the care; for example, should they regain the ability to care for themselves.

Other instances include when:

  • The conservatee dies;
  • The estate no longer exists;
  • The conservator no longer wants the role.

Difference Between a Guardianship and Conservatorship?

In the state of California, a guardianship is granted to an adult who is to manage the affairs of a minor who has not yet reached the legal age of 18. A conservatorship, on the other hand, is granted to an adult who is looking to care for an adult who is no longer or has never been able to care for themselves.

If you have more questions about the responsibilities that are associated with something such as this or the ways in which a lawyer can help, please pick up the phone and call us today.

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