A conservatorship is when the court appoints someone or some organization to manage the personal finances and health care of a particular individual who is not capable of caring for himself/herself. The person appointed by the probate judge is the conservator while the person who is unable to care for himself/herself is the conservatee.
A conservatee can consist of an elderly person or anyone with a mental or physical disability. Some conservatees can not do their own shopping or cooking while others may need help dressing or with their finances. A conservator usually consists of a family member, but there is no such requirement. In fact, many conservators are friends or strangers appointed by the court, sometimes referred to as a public conservator. An experienced family law lawyer can help guide you through this process and make it much easier.
SUMMARY OF DUTIES
If you are appointed conservator of a person your duties including the following: Arranging for conservatee’s care, protection, place of living, health care, meals, clothing, personal care, housekeeping, transportation, recreation. You may or may not be required to report to the court on the conservatee’s current status.
If you are appointed conservator of the estate, your duties include: Managing the conservatee’s finances, assets, collecting income due to the conservatee, paying bills, investing, protecting assets, etc. You likely will be required to report to the court and to the conservatee for your management of the assets.
CONSERVATEE’S RIGHTS
The conservatee does not lose the right to take part in important decisions that affect his or her property or life. Not only does the conservatee have the right to ask questions, he or she may ask the court to review the consverator’s handling of the estate. The court can either send and investigator or a lawyer to make sure the conservator is handling the estate properly.
The conservatee has the right to: directly receive and control income, make a will, marry, receive mail, get a family law lawyer, change conservators, end the conservatorship, make medical decisions, enter into business transactions, etc.
If you are looking for experienced family law lawyers around Modesto and Stockton areas for a conservatorship, call us today!
