A conservatorship is a legal arrangement overseen by the California courts in which a conservator provides care over the person and/or the estate of a conservatee. A court will appoint a conservator when the conservatee lacks the mental and/or physical means to take care of himself, due to old age, disability, or injury. A conservator has enormous powers and responsibilities to act in a conservatee’s life, and California state law provides numerous procedures that should be followed and oversight mechanisms to keep in mind. The experienced California estate planning attorneys at The Law Offices of Omar Gastelum and Associates, PLC work with conservators, conservatees, and family members to make sure that the arrangement best serves the interests of conservatees, ongoing legal requirements are met, and that all parties have the resources they need to succeed.
Establishing a Conservatorship in California
A conservator must be appointed by a California judge, who will evaluate whether the proposed conservatorship will serve the best interests of the conservatee. Any party can petition the court for a conservatorship, including the conservatee, the proposed conservator, or a family member. Most conservatorships are probate conservatorships, which can include a conservator of the person and/or a conservator of the estate.
A conservator of the person will be responsible for arranging matters on behalf of the conservatee such as:
- Medical care
- Living situations
- Personal care
A conservator of the estate will be responsible for handling the conservatee’s financial matters, which can include the following tasks:
- Managing finances
- Collecting income
- Setting up estate planning matters (e.g. wills, trusts, life insurance, etc.)
- Pay bills
Our attorneys will work with all necessary parties to take the proper legal steps to successfully petition the court for a conservatorship of the person or the estate.
Your Legal Ally in Your Ongoing California Conservatorship
Our conservatorship attorneys can provide ongoing legal guidance to all parties in a conservatorship arrangement, including:
- Petitioning the court to establish the conservatorship
- Collecting and organizing business and financial information necessary to the arrangement
- Connecting conservators and conservatees and structuring the arrangement
- Retaining legal and financial records, and filing the proper records with the courts
- Managing conservatorship-related estate planning needs, e.g. wills, lifetime trusts, testamentary instruments, real estate matters, etc.
- Making required reporting to the court regarding the ongoing conservatorship
- Petitioning the court for a modification or termination of the conservatorship
Contact a California Conservatorship Attorney Today
The estate planning attorneys at The Law Offices of Omar Gastelum and Associates, PLC, can help you establish a conservatorship, provide ongoing resource and assistance in the conservatorship, or any other legal service related to a conservatorship. To discuss all of your estate planning needs, contact our offices today.