What Is a Conservatorship?
Overview from Our Tarzana Estate Planning Lawyers
When someone becomes incapacitated and can no longer make sound medical
or financial decisions, the only way you can help is if there is a valid
Advance Health Care Directive and Durable Power of Attorney for Finance
already in place or by court order. This is true no matter the length
of your marriage, if you have an adult child or are a child of an aging
parent. Without these documents, a conservatorship may be required to
obtain a court order. In California, there are two types of conservatorships
over an adult who lacks capacity: over the person and over the estate.
Conservatorship Over the Person
A Conservator of the person is responsible for providing general care and
protection of the adult. The Conservator ensures that the needs, such
as housing and healthcare, of the incapacitated adult (known as Conservatee) are met.
Conservatorship Over the Estate
A Conservator of the estate manages the assets and finances of the Conservatee.
The Conservator must keep track of and account for every penny of the estate.
Our team at Goldfarb & Luu strongly encourages everyone to create Advance
Health Care Directives and Durable Power of Attorney to avoid a conservatorship.
If a conservatorship is necessary because a loved one has lost capacity,
we are dedicated to assuring that the Conservatee is treated with dignity
and respect and the Conservator is given education and support to complete
the required responsibilities.
If you live in Los Angeles County, Ventura or Orange counties and you need
help establishing a conservatorship, please call us.
The Process of Conservatorship
If you lose capacity and do not have the proper estate planning documents,
there is an additional burden is on your family to go through the court
process of conservatorship to enable them to care for you and make decisions
on your behalf. The court will appoint a lawyer for you who may not always
see eye to eye with your family. You may lose your driver’s license,
professional licenses, or right to vote. You will be subject to mental
examinations and court intervention for the rest of your life. Your family
will pay thousands of dollars from your estate to pay for the conservatorship.
Our philosophy is that because of these burdens, a conservatorship is the
last resort and we do our best to come up with other alternatives where possible.
How We Will Help
At Goldfarb & Luu, we want what is best for you and your family. Through
our legal representation, we will help you become a Conservator for your
loved one. Our estate planning lawyers will prepare all of the court documents
and represent you during all court hearings. Becoming a conservator can
be a stressful process, but we do our best to make it easier on you.
We are well-versed on the conservatorship process and requirements in Los
Angeles, Ventura and Orange counties. Please consult with a lawyer from Goldfarb & Luu if you need conservatorship
assistance in any of these areas!
Contact our office
for more information on conservatorships.