Conservatorship
There are two types of conservatorship :
Conservatorships of the person and conservatorships of the estate. A conservator of the person may be assigned for someone who is unable to provide adequately for his or her personal needs for physical health, food, clothing, or shelter. A conservator of the estate, meanwhile, may be appointed for someone who is largely unable to administer his or her own financial resources or resist fraud or resist undue influence. The court can appoint a conservator of the person or the estate, or both.
The conservator is authorized to make most transactions on behalf of the conservatee. A conservatee is presumed to not be able to contract, to sell property, to make gifts, to incur a debt, and so forth. But, absent a court order to the contrary, a conservatee’s can still make a will, vote, give informed consent for medical treatment, marry, or seek divorce.
A conservator is responsible for: managing the conservatee’s finances, protecting the conservatee’s income and assets, making an inventory of the estate’s assets within 90 days of his or her appointment, making sure that the conservatee’s bills are paid, investing the conservatee’s money, ensuring that the conservatee is receiving all income and benefits to which he or she is entitled, filing tax returns for the conservatee, and filing periodic accountings with the court.
Much of my business in conservatorship comes from the Public Guardian, Alameda County Social Services for the Aged. Wording from their website:
"This program assists those persons who are unable to manage their own financial resources and/or unable to resist fraud or undue influence. There must be a doctor willing to sign a statement confirming this inability.
In order to qualify for a Probate Conservator under the Public Guardian's office, there must be an estate in need of management and/or protection. This means that there must be assets other than monthly income that could not otherwise be managed by a non-court appointed representative payee.
The Court usually appoints the Public Guardian as Conservator of the Person and Estate. In some cases the Public Guardian is appointed Conservator of the Estate only. Placement of Alameda County conservatees must be in a supervised living situation, such as a board and care home, skilled nursing facility, or other 24 hour supervised facility.
Referrals to the Public Guardian's Office may be made by a hospital administrator, Social Worker, or any knowledgeable relative or friend who can deliver the facts which may warrant a conservatorship. Interested persons may call 510-577-1900 for more details"
One major advantage for conservatorship is that the conservator’s actions are subject to court approval. Court oversight can minimize the potential for abuse by a conservator. This advantage may be more important in cases where there is family disharmony or a large conservatorship estate.
Call 510-418-9443 m, or email [email protected]
The conservator is authorized to make most transactions on behalf of the conservatee. A conservatee is presumed to not be able to contract, to sell property, to make gifts, to incur a debt, and so forth. But, absent a court order to the contrary, a conservatee’s can still make a will, vote, give informed consent for medical treatment, marry, or seek divorce.
A conservator is responsible for: managing the conservatee’s finances, protecting the conservatee’s income and assets, making an inventory of the estate’s assets within 90 days of his or her appointment, making sure that the conservatee’s bills are paid, investing the conservatee’s money, ensuring that the conservatee is receiving all income and benefits to which he or she is entitled, filing tax returns for the conservatee, and filing periodic accountings with the court.
Much of my business in conservatorship comes from the Public Guardian, Alameda County Social Services for the Aged. Wording from their website:
"This program assists those persons who are unable to manage their own financial resources and/or unable to resist fraud or undue influence. There must be a doctor willing to sign a statement confirming this inability.
In order to qualify for a Probate Conservator under the Public Guardian's office, there must be an estate in need of management and/or protection. This means that there must be assets other than monthly income that could not otherwise be managed by a non-court appointed representative payee.
The Court usually appoints the Public Guardian as Conservator of the Person and Estate. In some cases the Public Guardian is appointed Conservator of the Estate only. Placement of Alameda County conservatees must be in a supervised living situation, such as a board and care home, skilled nursing facility, or other 24 hour supervised facility.
Referrals to the Public Guardian's Office may be made by a hospital administrator, Social Worker, or any knowledgeable relative or friend who can deliver the facts which may warrant a conservatorship. Interested persons may call 510-577-1900 for more details"
One major advantage for conservatorship is that the conservator’s actions are subject to court approval. Court oversight can minimize the potential for abuse by a conservator. This advantage may be more important in cases where there is family disharmony or a large conservatorship estate.
Call 510-418-9443 m, or email [email protected]
