Conservatorship Estate Planning Provisioning (General & Limited) Legal Service
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What is a Conservatorship?
A Conservatorship is a court proceeding appointing a Conservator to manage the financial affairs and/or the daily life of a person no longer able to reasonably care for himself or herself. The individual declared responsible for this responsibility is known as the Conservatee. A Conservatorship may be needed when an adult becomes incapacitated as a result of an accident or illness. When a court determines a person is incapacitated and the Conservator has been established, the Conservatee must relinquish control over their own affairs. Whereas a Conservatorship is responsible for an adult, a Guardianship is the responsibility for a minor.
A Conservator’s duties include managing the affairs of housing, financial affairs, medical treatment, and other personal care. A conservator can be a family member, friend or business entity. There are a few ways the Conservatorship may conclude such as:
- Conservatorship runs out of money
- Conservatee regains the ability to handle his or her own affairs
- Conservatee passes away
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General Conservatorship
A General Conservatorship is for those who have reached the majority elderly age or is unable to fully provide mental and physical care for themselves. This also includes a young person who has been seriously impaired due to an accident.
A General Conservatorship can also be considered if an individual needs care and protection for being highly susceptible to undue influence by others. Establishing a Conservatorship will always protect the Conservatee from others, including the Conservatee. This gives type of Conservatorship gives the Conservator more responsibility.
Limited Conservatorship
A Limited Conservatorship is for those who are developmentally disabled before the age of 18 and are not able to make certain decisions about themselves or their finances on their own.
It is best to sit down and talk to the Conservatee to ensure he or she is happy with which rights and responsibilities would be best to be taken care of by the Conservator. This type of Conservatorship gives the Conservatee as much independence as possible.
“At Abrate & Olsen Law Group, our Estate Planning Attorneys have our clients’ needs as a personal and professional priority. You and your family deserve the best in the business and that’s what we deliver”
Trying to Understand General or Limited Conservatorship estate Planning Provisioning? We will help you step by step
How is Conservatorship created?
Establishing a Conservatorship can be time-consuming and a tedious process. There are many steps but we have broken it down to help you understand the process. Please contact Abrate & Olsen Law group for any further questions!
Step 1: Finding a Conservatorship Attorney
Finding a good Conservatorship Attorney will make the entire process easier since it can be confusing. You must decide on the type of conservatorship, fill out many forms and attend a hearing so having an experienced Conservatorship Attorney by your side can help ease the way!
Step 3: Attend the hearing
Before attending the hearing you must make sure your Probate Examiner notes are good and settled which would be available two weeks prior hearing date. The Conservatee is required to attend the hearing unless the doctor provides documents stating the proposed Conservatee cannot attend.
Step 2: File your forms to receive a hearing date
The next step is to fill and file your forms for the Conservatorship. Once you have filed at your local court, the clerk should give you a date and time for your Conservatorship hearing. If your situation is urgent please call Abrate & Olsen Law group for a Temporary Conservatorship.
Step 4: Obtain Order and Letters of Conservatorship
The final step is obtaining the Order and Letters of Conservatorship if the Judge grants the Conservatorship during the hearing. Once it has been issued, the Conservatee must relinquish powers authorized over to the Conservator.
We had a really good experience with Abrate & Olsen Law Group setting up my parent’s Conservatorship. They were so easy to work with and patient with me and my challenging schedule. They were understanding of my situation and knew I had to protect my parents assets. I highly recommend them for your general conservatorship estate planning needs! I finally feel secured about my parent’s future.
– Brandon M., El Dorado, CA
Related Articles
What is the difference between Conservatorship and Power of Attorney?
In a range of different situations, individuals who are unable to care of themselves may be appointed a Conservator or Power of Attorney(POA) by a legal court proceeding to assume the rights and responsibilities of the individual.
What is the difference between Guardianship vs Conservatorship?
In the state of California, individuals who are unable to care for themselves may be appointed a Conservator or Guardian by a legal court proceeding to assume the rights and responsibilities of the individual.
Estate Planning Attorney Named 2019 Super Lawyer Rising Star
For the third consecutive year we are excited to announce Attorney Michael Abrate has been named a 2019 Super Lawyer Rising Star. In order to be considered for this elite recognition that recognizes only the top 2.5% of eligible lawyers, attorneys must first be nominated by their peers.
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