Conservatorships in California involve appointing a specific person or organization to provide care to an adult who is incapable of managing their finances or maintaining their independence. The individual may be suffering from mental or physical decline that limits their ability to care for themselves.
It’s considered a last resort if there’s discord among the family or a trust has failed. The process can be lengthy and require a lot of steps to be completed. With the help of a legal professional, a bond needs to be filed, which keeps the conservator accountable to their responsibilities and has the ward’s best interest in mind.
Who can file for a conservatorship?
You have the freedom to file for a conservatorship for a person if they’ve lost the ability to take care of themselves both medically and financially. You must submit a petition with the probate court. A person interested in the welfare of an individual can also file a petition in Superior Court.
The probate division will schedule a hearing after the appointment is requested. Once a conservatorship is in place, the conservator will have the power to open and close financial documents, file tax returns, invest money, apply for life insurance, and purchase or sell property.
Who can you contact for legal assistance?
Contact an attorney with experience estate administration to learn more about how to file a conservatorship and assess whether it’s the right option. A legal professional may assist you in filing for a conservatorship and dealing with the court.
A probate and administration attorney may also provide you with alternatives to a conservatorship or offer guidance on fulfilling your duties as a conservator. You can also obtain legal representation if you want to contest a petition for conservatorship or start the process of filing an action that alleges a breach of fiduciary duty by a conservator.