What to Know About Conservatorships in California

In some cases, you may want to set up a conservatorship for a loved one. This can benefit adults who did not set up estate plans and are no longer of sound mind to do so, as well as some developmentally disabled adults. Read on to learn more about conservatorships in California.

What are the Different Types of Conservatorships?

In California, there are two main types of conservatorship. The first is a limited conservatorship. This is for adults with developmental disabilities who cannot care for themselves or handle their finances. General conservatorships, on the other hand, are reserved for either the elderly or adults that have been seriously impaired due to a degenerative illness or accident and can no longer take care of themselves or manage their finances alone.

What is the Process of Creating a Conservatorship?

When you create a conservatorship, you essentially place the basic civil and legal responsibilities of one person, known as the conservatee, in another, the conservator. All conservatorships begin in the Probate Court with the filing of a Petition for Conservatorship. The petitioner will specify whether the proceeding is a limited or general conservatorship and whether powers are being sought for personal care matters, financial matters, or both.

What are the Responsibilities of Creating a Conservatorship?

If you petition for a limited conservatorship, the Court will review 7 separate areas and decide what powers they will take from the conservatee and grant to the conservator. They may grant the conservator the power to:

  • Fix the conservatee’s residence or dwelling
  • Access the conservatee’s confidential records or paper
  • Consent or withhold consent to marriage on behalf of the conservative
  • Enter into contracts on behalf of the conservative
  • Give or withhold medical consent on behalf of the conservative
  • Select the conservatee’s social and sexual contacts and relationships
  • Make decisions to educate the Conservatee

Some Conservators are granted all 7 powers while others may be granted only one or two or more.  The powers not granted remain with the Conservatee.

If you are interested in creating a limited or general conservatorship in California, contact our firm today to speak with a skilled estate planning attorney. We are here to act as your advocate and walk you through all of your estate planning needs.

Contact our Firm

Working with an experienced estate planning attorney, such as Jaci Feldman of the Woodland Hills, California, Law Offices of Yacoba Ann Feldman, will ensure that you are taken care of when you need it most. Do not delay. Estate planning is a more urgent matter than you may think. You never know what the future holds. Contact The Law Offices of Yacoba Ann Feldman to schedule a consultation today.

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