What Is A California Conservatorship?
Under certain specific conditions, people may need to nominate themselves before the court to be granted conservatorship over the affairs of an adult who is (or has become) incapacitated by mental, emotional or physical disability.
If you think you may be in a position of acquiring conservatorship over an adult in Napa County or Sonoma County, schedule a consultation at the Law Offices of Bruce Ketron at their Napa or Santa Rosa office location.
How Does The Conservatorship Nomination Work?
The court appoints a conservator to handle the financial and/or personal affairs of the conservatee. (Only the county can obtain an LPS conservatorship to confine a person to the state hospital.)
Types of conservatorship:
- Conservator of the person: Appointed to make decisions about personal matters for the conservatee, such as where to live and day-to-day matters.
- Conservator of the estate: Handles financial matters and pays bills. The conservator must seek court supervision for major transactions, such as the purchase or sale of real property, borrowing money and gifting of assets, and all matters are subject to court review.
A conservatee can have different people as the conservator of person and estate, or one person can serve in both functions. Some conservatees may have only a conservator of the person, or only a conservator of the estate.
Advantages Of A Conservatorship
A conservatorship offers protection against abuse of the conservatee. Records must be maintained and everything reported. A conservatorship is helpful for managing an incapacitated person’s affairs when no other structure is in place, especially when that person is reluctant to accept assistance.
Disadvantages Of A Conservatorship
A conservatorship is a very expensive and intrusive way to handle personal and financial matters. It is to be avoided if you can, and most times a living trust can be the most helpful thing you can have.
The court involvement is both by court personnel as well as court hearings with extra time required by everyone. This involves large costs in conservator’s fees, attorney’s fees, filing fees and investigator’s fees. The proceeding is public, so everything is of public record. The conservator must continually return to court for approval of certain transactions, which require hearings and additional fees and can create delays in completing the transactions. Another important disadvantage is the potential for a massive loss of individual rights by the conservatee.
Contact Us To Schedule A Consultation
Because the firm is engaged in providing legal counsel from the beginning of the client-lawyer relationship, Mr. Ketron does not provide a complimentary evaluation for disability planning regarding conservatorship nominations.