Does A Loved One Need A Conservatorship?
Ideally, the elder members of your family have created an estate plan which deals with the disposition of their assets, and the nomination of individuals to make decisions on their behalf on financial and healthcare issues. However, this does not always happen. Hire San Diego Conservatorships Attorney for handling cases and providing quality services related to divorce or child custody.
A person who no longer retains the capacity to manage his or her finances is not competent to create an estate plan. In these situations, the only option may be to establish a conservatorship. It may also be necessary when a person struggles to take proper care of his or her feeding, clothing, personal care, or housekeeping.
A judge may choose a person, typically a close relative, to assume control of the care of the “conservatee.” The “conservator” may be granted wide or narrow control. For example, if the conservatee is able to care for daily tasks such as health, feeding, and hygiene, but can no longer adequately conduct financial transactions, the court can grant a conservatorship of the estate,
which allows the conservator to manage the conservatee’s finances, property, taxes, etc. The conservator is required to keep detailed records and account to the court and other interested persons.
The conservator may be granted power over virtually all decision making powers of the conservatee, including where the conservatee will live, health care, feeding, clothing, personal care, housekeeping, transportation, and recreation.Under certain circumstances, a conservatorship can be temporary, or limited. There are also less formal alternatives which may be appropriate in particular situations.
Also, limited conservatorship may be imposed for adults with developmental disabilities who cannot effectively make all decisions in their lives, but who do not need the intensive level of care that an elderly person who has lost his or her mental competence for child custody.
Keeping the foregoing in mind, the need for a conservatorship should not be a foregone conclusion. After careful consideration, it may be possible for a person who is “slipping” to exercise his or her own will in order to establish a trust. To have all your questions answered, contact attorney Michael C. MacNeil today.