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What is Conservatorship?

A conservatorship begins when a judge appoints a responsible person or organization (“conservator”) to care for an incapacitated adult’s (“conservatee”) personal or financial needs or both through a court process. The individual starting a conservatorship is typically appointed as the conservator.

There is a difference between a Conservatorship and a Guardianship. Conservatorships are established with adults and guardianships are established with children.

Powers of attorney documents may be used in place of a conservatorships so long as the principal had sufficient mental capacity at the time they signed and notarized the power of attorney. Banks, hospitals, doctors, financial institutions and others are not required to accept power of attorney documents. If the power of attorney agent has difficultly exercising authority, they might have to seek a conservatorship. If a Conservator gains power by the courts, the power of attorney becomes null and void.

Do you need a conservatorship?

Conservatorships usually begin with elderly adults with dementia or Alzheimer’s disease who no longer have the power or capacity to take care of themselves. Often times a doctor or multiple doctors need to evaluate the individual and determine their capacity level.

A conservator’s responsibilities could involve:

  • Managing assets and property
  • Paying facilities that are necessary for the conservatee’s health
  • Using those funds to purchase necessary goods
  • Paying bills such or property taxes and mortgages
  • Paying for maintenance for properties

Call Us to Begin a Conservatorship Today!

If you are looking to seek a conservatorship so that you can properly care for a loved one, then we can be of service. At Elder Law Services of California, we understand that this can be a tough and emotionally draining time for the family. Call  1-800-403-6078 for a FREE consultation today to speak with one of our experts to begin the conservatorship process.