We offer the option of consultations and meetings in-person, video & phone.

Conservatorships should not be an alternative to an estate plan

Conservatorships are a burdensome and costly process, which require substantial interference and supervision on behalf of the judicial system. A typical conservatorship will require a conservator of both the “person” and of the “estate.” A conservatorship of the person allows for a conservator to make decisions on behalf of the conserved party (“conservatee”) regarding issues of basic need, such as food, shelter and healthcare. On the other hand, a conservatorship of the estate will allow a conservator to make decisions pertaining to property and finance belonging to the conservatee.

Each conservatorship maintains different judicial reporting mechanisms. For example, a conservatorship of the person may require that a court investigator visit and or interview the conservatee and the conservator(s) on a regular basis, and report the outcomes of those interviews, or investigations, to the court during a regular court proceeding. A conservatorship of the estate may require that the conservator(s) prepare and report ongoing probate code compliant accountings to be submitted for review and approval to the court through a similar proceeding, on a regular basis. Both of these mechanisms will commonly require the services of a qualified attorney. Our experienced estate planning attorney can assist you in navigating this process or to address any questions you may have.

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 650-881-2476 for legal assistance near you. (photo credit: Depositphotos.com)


Latest News

Subscribe to Our Newsletter

"*" indicates required fields