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.
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, APLC, 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.