Understanding Conservatorships

We all want what is best for the people we love and may worry about the well-being of elderly or disabled relatives and friends. In cases where these worries escalate to the point where you believe that a loved one is unable to provide for their own care or manage finances, it is important to explore your legal options.

At The Dayton Law Firm, P.C., we help individuals in California who are concerned about the health, safety and financial security of an elderly or disabled family member establish and manage a conservatorship. Granted and monitored by the courts, a conservatorship allows a named conservator the legal authority to make decisions on behalf of a conservatee.

Types Of Conservatorships

There are two main types of conservatorships — conservatorship of a person and of an estate. The court may grant one or both types of conservatorships, and the role of conservator may be fulfilled by the same person or two different people.

An estate conservatorship centers on the management, protection and investment of a conservatee's finances. In this role, a conservator must protect a conservatee's assets and financial interests. This includes identifying and gathering all assets, appraising assets, paying bills and taxes and making beneficial investment decisions.

When a conservatorship is granted for a person, the court provides a conservator the authority to make decisions about a conservatee's daily and long-term needs and care. Matters related to living arrangements, meals, transportation, medical treatments and recreational activities must all be decided upon.

With both types of conservatorships, a conservator acts in a fiduciary capacity and must regularly report to the court and must always act with the best interests of the conservatee in mind.

Is A Conservatorship Right For You And Your Loved One?

We understand the tremendous amount of love, patience and compassion that our clients have for the individuals they help and support. While an effective way to provide for a loved one's personal and financial well-being, establishing and maintaining a conservatorship is often an arduous and costly process. For these reasons, our estate planning attorneys often explore other means of fulfilling these needs prior to recommending a conservatorship.

We are committed to providing the information, guidance and advocacy you need to provide for your loved one's best interests. If you decide that a conservatorship is the most appropriate option, we will guide you through the process to provide the best chance of getting appointed without issues or delays.

Learn more about conservatorships and your options. Call a lawyer at our San Jose law office today at 408-758-5750 or contact us online.