What to Know About Conservatorships in California

Yacoba Feldman

 

 

In California, conservatorships are vital legal structures that ensure individuals who are unable to care for themselves or manage their finances receive the necessary support. Whether due to aging, illness, or disability, a conservatorship can offer peace of mind by legally appointing a responsible party to manage someone's personal and financial matters.

What is a Conservatorship?

A conservatorship is a court-appointed arrangement where an individual or organization (the conservator) is given the authority to make decisions for another person (the conservatee) who is deemed unable to make such decisions themselves. This might include managing the conservatee's finances, medical care, and other personal affairs.

Responsibilities of a Conservator

The role of a conservator is significant and carries numerous responsibilities. Primarily, a conservator must manage the conservatee's assets responsibly, ensuring their bills and taxes are paid and their funds are used in their best interest. Additionally, the conservator must make healthcare decisions, arrange for appropriate living accommodations, and act in the conservatee's best interests at all times.

The "7 Powers of Conservatorship"

In California, there are specific powers that a conservator may hold, depending on the needs of the conservatee. These may include:

  1. Controlling the conservatee's financial assets.
  2. Managing real estate transactions.
  3. Overseeing healthcare decisions, including the power to consent to medical treatment.
  4. Determining living arrangements.
  5. Entering into contracts on behalf of the conservatee.
  6. Making decisions related to the conservatee's education and social activities.
  7. Reporting to the court on the conservator's activities and the conservatee's welfare.

Each conservatorship is tailored by the court to fit the unique needs of the conservatee, and not all conservators will have the same set of powers.

Seeking Legal Guidance

Navigating the legalities of conservatorships can be complex, and it's imperative to understand the responsibilities fully and ensure compliance with legal standards in California. We encourage families considering a conservatorship to seek professional legal counsel to explore all legal options and obligations.

If you're considering establishing a conservatorship in California or need guidance with an existing one, our team at the Law Offices of Yacoba Ann Feldman is here to help. With over 35 years of experience in California estate law, we are well-equipped to provide the compassionate and detail-driven guidance you need. Contact us today to schedule your consultation and ensure that your loved ones receive the protection and care they deserve.