Help yourself avoid a conservatorship
Some of my least favorite cases are conservatorship cases. Why? Imagine seeing a person suffer because the court needs time to process paperwork. That is essentially what a conservatorship is.
In California, a conservatorship starts when an adult has lost mental capacity and can no longer make decisions for themselves. While there are several types of conservatorships, the most common ones are referred to as probate conservatorships. They come in two primary varieties:
A Conservatorship of the Estate; and
A Conservatorship of the Person.
A Conservatorship of the Estate handles when an adult is unable to handle their own finances. On the other hand, a Conservatorship of the Person is for when an adult is unable to handle their own medical and health decisions. These two forms can be combined. Typically, a family member or loved one notices that the person to be conserved is unable to take care of themselves (the conservatee). In conservatorships, often there is no paperwork completed by the conservatee in advance. So a court must decide who will be the conservator and investigate if the conservatee indeed meets the requirements of the conservatorship. All of this takes time.
Conservatorships can be largely avoided. Instead of having a Conservatorship of the Estate, you can rely on a power of attorney to manage your finances. Instead of having a Conservatorship of the Person, you can provide an advanced health care directive to manage your health and body.
These documents give you a say over your life. They can save time and money. After all, the courts are far from fast and inexpensive.
Remove the burden of stress from you and your family and set up your estate plan today to avoid conservatorships.
