A conservatorship is a court-ordered and court-supervised relationship where a person who is no longer able to care for themselves or manage their affairs, known as a “conservatee,” is placed under the care of another person, called the “conservator.” This relationship imposes specific fiduciary duties and responsibilities upon the conservator.
A conservatorship requires careful consideration and preparation for specific steps, including:
- Understanding the needs of the proposed conservatee
- Partnering with a doctor to determine the conservatee’s capacity
- Drafting the petition
- Filing the petition and preparing for the court hearing
- Conferring with the proposed conservator prior to accepting new legal responsibilities and transferring assets to a conservatorship estate
Is A Conservatorship Right For My Loved One?
Elderly and disabled individuals are often placed under a conservatorship as a result of dementia or mental incapacity. If your loved one lacks the capacity to manage their affairs, the Law Office of Jennifer Daniel can assist you to better care for them. If your loved one is susceptible to undue influence, is physically or mentally incapacitated, or is unable to provide for themselves without assistance, contact us for a consultation.
Important Things To Consider About Conservatorships
- There are several types of conservatorships – we can discuss which type is best for your loved one.
- If the proposed conservatee receives government benefits, you may need to strategize with your attorney in order to maintain those benefits for the conservatee.
- Many people do not know how to diagnose incapacity and miss important signs. Your loved one may experience difficulty with memory, cannot execute activities without assistance, become lost or irritable, fail to pay bills or lose track of time, or have developed new and unusual behaviors which are out of character. If you suspect a loved one is incapacitated, contact us today for a consultation.
Get Started With A Plan For Your Loved One’s Future
We also help clients with developing estate plans before extraordinary circumstances arise. We work with clients to establish a detailed estate plan so that you may be able to avoid establishing a conservatorship. A well-planned estate can address potential circumstances that may arise including future incapacity. Put yourself in a better position to limit the need for making emotional, last-minute decisions. We can help you develop your estate plan.
Jennifer Daniel is here to help – whether you are filing for conservatorship, filing for probate, or drafting an estate plan to prepare for incapacity or asset protection, you can rely on Jennifer to provide trusted counsel during this next chapter of your life.
Call today at 909-792-9244 for a consultation. We serve clients in San Bernardino and Riverside counties and the regions surrounding Redlands, California.