A conservatorship is a court-approved appointment of an individual to handle the personal and financial affairs of someone who is no longer capable of doing so for reasons including disability, age and incapacity. This is a serious undertaking and the conservator may be challenged in court by other individuals who wish to act as conservator. Likewise, the conservatee has the right to contest a petition for conservatorship.
The attorneys at Leigh Law Group can protect you throughout the conservatorship process. We will provide cost-effective and personalized assistance, handling every detail of the process for you. We will put you and your loved ones first, so you can focus on your life and future.
The Advantages And Types Of Conservatorship
The advantages of a conservatorship include safeguarding the person against fraud from contracting, conveying property or marrying.
For example, a disabled individual may be persuaded to sign a check and cash it by people he or she does not know. This individual is doing so without understanding that a fraudulent transaction is underway by others who seek to take advantage of the disabled victim.
There are different kinds of conservatorship, including:
- Conservator of the person: In this position, you make personal decisions. These decisions can involve food or clothing choices, as well as issues regarding the home.
- Conservator of the estate: This type of conservator handles all the conservatee’s financial issues. This position requires accounting of money spent from the person’s estate as well as an accounting of financial affairs.
Guiding You Through The Conservatorship Process
The conservatorship process begins with the filing of a petition. Once the petition is filed, a court date is set, and a California court investigator is assigned.
The subject of the conservatorship must be given notice of the petition. The court investigator talks to the proposed conservatee and others who may be able to provide information about the conservatee’s condition and why other possible alternatives to a conservatorship are not available.
If a judge grants the petition, the court issues letters of conservatorship to appoint a conservator. If the conservatee has an estate, the conservator must file a bond unless the judge freezes the conservatee’s bank account.
After the petition is granted, the conservator must attend training and maintain an ongoing duty to report to the court and to meet with the court investigator. Even if the petition is granted, the conservatee can challenge the decision.
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