Estate planning is an essential part of everyone’s life but it is also not going to be the same for everyone. Estate planning depends a lot on the individual’s financial situation, their familial situation, and whether any of the beneficiaries have a disability. If the person who is planning their estate has a child or beneficiary with a developmental disability that cannot take care of themselves, they may want to set up a conservatorship. This is the process in court in which a person gives legal authority to someone to make decisions on their behalf regarding finances and personal care.
There are two types of conservatorships: general and limited. A general conservatorship is established for an adult who needs the assistance of another party to handle their finances and other affairs. General conservatorships are granted to those who are elderly or have been impaired by an illness or accident.
A limited conservatorship is established for those adults who cannot handle their own finances and other personal matters due to a developmental disability.
The court will determine which of these aspects the Conservator should have control over:
- Residential situation of the conservatee
- Access to the conservatee’s confidential records
- Consent to marriage
- Entrance into a contract
- Medical consent
- Social and personal relationships
- Decisions about educations for the conservatee
The conservator may be granted all of these powers or a combination of a few of them. If you need assistance setting up a conservatorship in the state of California, please contact an experienced estate planning attorney today.
If you need the dedicated legal representation for wills, trusts, and estate matters in California, contact the Law Offices of Yacoba Ann Feldman to schedule a consultation.
