Mullin Law Firm A Trusted Resource for Estate Planning and Elder Law for More Than 30 Years
Free 30 Minute Initial Consultation
Phone: 925-852-6014
Toll Free: 866-477-0304

The Expert Legal Source for Estate Planning, Medi-Cal Planning, Elder Law and Estate Litigation

When is it time to consider a conservatorship?

A conservatorship is a court case where a judge appoints a responsible person or organization (called the "conservator") to care for another adult (called the "conservatee") who cannnot care for himself or herself or manage his or her own finances.

Conservatorships may also be necessary when someone is the victim of elder  or dependent adult financial abuse. An elderly person is someone 65 years old or old and dependent adult person is someone between the ages of 18 and 64 that has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself. Welfare and Institutions Code section 15610.07

The law says elder or dependent adult abuse is:

  • Physical abuse, neglect, financial abuse, abandonment, isolation, abduction (taking the person out of the state against his or her will), or other behavior that causes physical harm, pain, or mental suffering; OR
  • Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering

A person can also be abused when the victim is subject to the "undue influence" of an abuser in a way that benefits the abuser. So that even in situations where a conservatorship may not be necessary, as in the situation in which the victim has given a durable power of attorney for financial matters to someone, if that someone ends up using the power inapproriately, there may be financial abuse.

If you have questions about conservatorships, the Mullin Law Firm may be able to help.

No Comments

Leave a comment
Comment Information

Contact Information:

Mullin Law Firm
1355 Willow Way Suite 110
Concord, CA 94520

Toll Free: 866-477-0304
Phone: 925-852-6014
Fax: 925-798-3118
Concord Law Office Map

  • Super Lawyers
  • NAELA | National Academy of Elder Law Attorneys, Inc. | Member | Leading the way in special needs and elder law
  • ABA | Defending Liberty Pursuing Justice
  • Contra Costa County | Bar Association | Member 2017
  • Avvo Rating | Superb | Top Attorney Estate Planning