When an adult becomes incapacitated and unable to make sound decisions for themselves, conservatorships provide a legal solution for managing their personal care and financial affairs. In California, the court can appoint two types of conservators – one over the person, and one over the estate.
The conservator of the person: A conservator of the person is responsible for ensuring the conservatee’s daily personal needs are met. This includes determining where the conservatee will live, making arrangements for health care, meals, grooming, clothing and other personal matters. The conservator of the person also has the duty to safeguard the conservatee’s rights and interests when it comes to social activities, travel, and other personal decisions.
This role is crucial when an adult suffers from conditions like Alzheimer’s, severe mental illness or a debilitating physical injury that leaves them unable to properly care for themselves. The conservator steps in to make care decisions aligned with the conservatee’s best interests.
The conservator of the estate: Separately, a conservator of the estate is appointed to manage the conservatee’s finances and property. This includes paying bills, managing bank accounts, selling or purchasing assets as needed, investing the conservatee’s money and protecting their estate from loss or misuse. The conservator of the estate must follow strict rules for handling the conservatee’s money and property.
Often the same person serves as both the conservator of the person and estate, but different people can be appointed if it better serves the conservatee.
Establishing a conservatorship: Conservatorships are established through petitions to the probate court. Family members, close friends, professional fiduciaries or county staff can initiate the process. The proposed conservatee has rights and due process is followed before a judge grants a conservatorship after determining the person cannot care for themselves or their finances.
In cases where an adult has a disabling condition but established an advance healthcare directive or durable power of attorney while still having capacity, those documents allow them to designate who will have authority over their personal care or finances if they become incapacitated. Creating these documents ahead of time can provide peace of mind and avoid potential conservatorship battles.
Whether through a proactive estate plan or court order, conservatorships ensure vulnerable individuals have their personal and financial needs tended to with proper oversight. For families and loved ones, it provides a legal avenue to protect and care for those no longer able to do so for themselves.
Send your questions to ccolan@colanlegal.com and use “Alpine Mountaineer estate planning question” as the subject. We’ll answer your questions in our upcoming issues.
This article is provided by your local estate planning attorney, Corina Colan.
The Law Office of Corina I. Colan / (909) 265-3315 / www.colanlegal.com
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