Every family situation is different. And as families age, situations arise that need attention. Once such situation is that of an adult that can no longer care for himself or herself, or cannot manage their own finances. In the state of California, there is a legal remedy for these individuals called a Conservatorship.
A conservatorship is when a judge appoints a responsible person (called the “conservator”) to care for another adult that needs assistance (called the “conservatee”).
Types of Conservatorships
There are different types of Conservatorships:
- Probate Conservatorships – based upon the laws in the California Probate Code
- General Conservatorships – for those adults who can’t take care of themselves, nor manage their own finances – often the elderly
- Limited Conservatorships – for those adults with developmental disabilities who can’t fully care for themselves or their finances.
- Lanterman-Petris-Short (LPS) Conservatorships – for those adults with serious mental health illnesses who need special care.
Types of Probate Conservators
A conservator of the person is the court appointed individual that protects the conservatee. The conservator is responsible for a myriad of things, like making sure that the conservatee has proper meals, clothing, housing and health care.
A conservator of the estate is the court appointed individual that administers the conservatee’s finances, like collecting income, and paying their bills.
Being appointed the Conservator of the Person does not automatically make them the Conservator of the Estate.
The Duties of the Conservator
In general, the duties of a Conservator of the Person are to:
- Arrange for the conservatee’s protection & care
- Decide where the conservatee lives
- Make arrangements for the conservatee’s, regarding the following:
- Clothing & meals,
- Personal care & health care
- Shelter & housekeeping
- Recreation & general well-being
- Get approval from the court for certain decisions about the conservatee’s health care or living arrangements.
- Report to the court on the conservatee’s current status.
The duties of a Conservator of the Estate are to:
- Manage the conservatee’s finances
- Locate and control all of the conservatee’s assets
- Collect conservatee’s income
- Create a budget to demonstrate what the conservatee can afford
- Pay all of the conservatee’s bills
- Responsibly invest any of the conservatee’s money
- Protect the conservatee’s assets
- Account to the court and to the conservatee for the management of the conservatee’s assets
Compensation for Conservators
Conservators are compensated for their work through the Conservatee’s assets. The compensation amount received by the Conservator must be “reasonable” from the perspective of the court. Conservators are also reimbursed for expenses incurred while caring for the Conservatee.
Obviously, each area of the court appointed responsibilities are extremely thorough and require a lot of work and oversight. An experienced attorney can help you to understand the Conservatorship process, to file the correct legal documents, to maintain and manage the Conservatorship, and to terminate it when necessary.
Shana Black – On Your Side
Shana Black has the experience handling Conservatorships in the State of California and can help you through the entire process. She is compassionate and caring – and as such, she works meticulously together with you to get the family care and support that you need. Call 1-619-557-0122 or email firstname.lastname@example.org to learn more about all of your conservatorship needs.
When we needed to seek guardianship of my nephew, we consulted several attorneys and finally made the decision to have Shana Black represent us. That was the best decision we ever could have made. Words cannot express the gratitude my husband and I have for Shana. During my nephew’s guardianship proceedings, she stayed the course even through the eight months of appeals! She was always on time for court hearings, she returned all our phone calls, and whenever needed, she made time to see us. Her expertise in the court room and her commitment to us as clients provided us with confidence in her representation. We had no worries with her handling our case and she was determined to make things right until my nephew finally came home. I refer all of my friends and colleagues that need expert legal representation to her because you can’t get any better than Shana Black. ~ Stephanie O.
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