Bay Area Conservatorships Attorney
A conservatorship is a legal arrangement established in court after a judge determines that a person (called the “conservatee”) can no longer oversee his or her finances or that the person is unable care for himself or herself. If the judge determines that a conservatorship is appropriate, the judge will appoint a person or an organization (called the “conservator”) to handle the conservatee’s care or finances or both.
A conservator of the person arranges for the conservatee’s care and protection, decides where the conservatee will live and make decisions regarding the conservatee’s health care, food, clothing, housekeeping, transportation and recreation.
A conservator of the estate is in charge of handling the conservatee’s finances. The conservator of the estate is required to take an inventory of all of the conservatee’s assets, ensure that the conservatee’s bills and taxes are paid, submit to the court a plan outlining how the conservatee’s financial needs are to be met, invest the conservatee’s assets, maintain financial records, and file a formal accounting with the court.
Conservators are “fiduciaries.” This means they have a legal obligation to act in the best interest of the conservatee. A conservator who fails to meet this obligation can be held personally liable for any damages that result. The assistance of an experienced attorney is therefore essential. Under California law, a conservator must have an attorney to represent him or her throughout the entire conservatorship process.
Conservatorships are often criticized as being costly, time-consuming and inflexible. The costs associated with a conservatorship include court costs and filing fees, court investigator costs, premiums for the conservator’s surety bond, compensation for the conservator and attorney’s fees. Furthermore, conservatorships are public proceedings. As a result, the conservatee’s assets, income and expenses often become a matter of public record.
The need for a conservatorship can often be avoided with advance planning. However, these steps need to be taken while the affected person is still mentally competent to execute a Durable Financial Power of Attorney and an Advance Health Care Directive.
The Law Offices of Steven M. Simrin is experienced in all aspects of California conservatorship matters. Please contact us today for a free telephone consultation if someone you know may be in need of a conservatorship or if you have any questions or concerns about an existing conservatorship.
A conservator of the person arranges for the conservatee’s care and protection, decides where the conservatee will live and make decisions regarding the conservatee’s health care, food, clothing, housekeeping, transportation and recreation.
A conservator of the estate is in charge of handling the conservatee’s finances. The conservator of the estate is required to take an inventory of all of the conservatee’s assets, ensure that the conservatee’s bills and taxes are paid, submit to the court a plan outlining how the conservatee’s financial needs are to be met, invest the conservatee’s assets, maintain financial records, and file a formal accounting with the court.
Conservators are “fiduciaries.” This means they have a legal obligation to act in the best interest of the conservatee. A conservator who fails to meet this obligation can be held personally liable for any damages that result. The assistance of an experienced attorney is therefore essential. Under California law, a conservator must have an attorney to represent him or her throughout the entire conservatorship process.
Conservatorships are often criticized as being costly, time-consuming and inflexible. The costs associated with a conservatorship include court costs and filing fees, court investigator costs, premiums for the conservator’s surety bond, compensation for the conservator and attorney’s fees. Furthermore, conservatorships are public proceedings. As a result, the conservatee’s assets, income and expenses often become a matter of public record.
The need for a conservatorship can often be avoided with advance planning. However, these steps need to be taken while the affected person is still mentally competent to execute a Durable Financial Power of Attorney and an Advance Health Care Directive.
The Law Offices of Steven M. Simrin is experienced in all aspects of California conservatorship matters. Please contact us today for a free telephone consultation if someone you know may be in need of a conservatorship or if you have any questions or concerns about an existing conservatorship.
