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Conservator’s Power to Create an Estate Plan for the Conservatee

Typically, a conservatorship is necessary when a Conservatee did not create a proper and complete estate plan. By failing to do so, a family member must then obtain a court order so he or she can manage the Conservatee’s financial affairs and take control over the Conservatee’s health and welfare. 

Once the family member is appointed as the Conservator, he or she may have a right under the California Probate Code and through a Substituted Judgement by a Superior Court Judge to create a living trust for the benefit of the Conservatee and ultimately the Conservatee’s family members. This is a great tool to avoid probate when the Conservatee dies and ensure that the Conservatee’s estate is distributed appropriately and avoids unnecessary costs. 

Creating a trust or estate plan for a Conservatee requires a carefully tailored trust and the knowledge of the applicable requirements under the Probate Code, California Rules of Court, and the Local Court Rules. It also requires the involvement of the Court, an independent counsel appointed by the Court for the Conservatee, and the cooperation of the family members of the Conservatee. 

Here at Chauvel and Glatt, we provide legal guidance to Conservators and can petition for a Substituted Judgment and create an estate plan for the Conservatee. To find out how our estate attorney can assist you, contact us today. This material in this article, provided by Chauvel  & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice.  For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500. 

(Photo credit: 123rf.com)


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