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Planning for your Loved One under California Conservatorship

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What is a California Conservatorship?

A California conservatorship is a formal legal relationship where a person or entity is appointed to manage the personal care and financial interests of an impaired individual.  A conservator who looks after the person's health care and living needs does so under a "conservatorship of the person."  A conservator who is responsible for managing the individual's property and financial interest does so under a "conservatorship of the estate."  Becoming a conservator gives the appointed person the legal authority to handle matters for the person or "conservatee." 

Who can be a Conservator?

The conservator can be a family member, friend, or even a public or private professional or entity.  The court typically starts with the individual's preference.  If he or she does not name anyone, the following people will usually be considered in order:  1) spouse or domestic partner; 2) adult child; 3) parent; 4) brother or sister; 5) anyone else acceptable under the law, or a 6) a public guardian.

What are the Different Types of California Conservatorships?

California probate law allows for different types of conservatorships such as those which are general and limited:

·       A general conservatorship is for those individuals who are unable to care for their own physical and financial needs due to severe impairment.  Someone who has been incapacitated in a car accident or has limited cognitive functioning because of dementia would probably need this type of conservatorship.

 

·     A limited conservatorship is typically for those with a mental impairment who cannot adequately care for themselves or their finances. In this type of conservatorship, the powers of the conservator are limited to those areas the individual may have problems handling independently.   

Conservatorships can be complicated.  At the Law Offices of Alice A. Salvo, we have experienced attorneys who are knowledgeable about California conservatorships and can help you understand your options and plan for your loved one. Contact us today to schedule your free consultation. https://www.salvolaw.com

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