A conservatorship is a court proceeding where the court appoints an individual to take over and manage an incapacitated person's personal and/or financial affairs. A judge appoints a conservator to make decisions about the conservatee’s well-being and finances only if he or she is no longer to do so. Often, conservators are family members, close friends, or may be a business professional, such as a private fiduciary, or a financial institution.
Conservators of the person are charged with the conservatee’s well-being and placement; conservators of the estate manage the conservatee’s financial affairs.
Conservators make decisions about financial and other matters, including the conservatee’s care and protection, living arrangements, health care, nutrition, recreation, transportation, and personal care. Conservatorships can be temporary, permanent, or limited. Specific duties of a conservator might include:
Finding a qualified conservator – someone willing to take the time and make the effort to accomplish all of these tasks can be difficult. In California, you are required to follow the rules set out in the Conservator Handbook that can be found at: http://www.courts.ca.gov/documents/handbook.pdf
Getting through the court process is an involved and complicated process. Most individuals who want to act as the conservator for a person need the assistance of an experienced attorney to help with the court proceedings and documentation required in a conservatorship case.
Conservatorships of a person's estate will usually require you to be bonded and the bonding company will require you to have an attorney.
If you would like to speak to someone about establishing a conservatorship for a loved one, call me to schedule a consultation at 707.263.5759.