Sibling rivalry is a natural part of childhood and growing up. When sibling rivalry continues into adulthood, it can have negative consequences for a parent’s estate planning. In some cases an adult child may even attempt to manipulate a parent’s will or trust to place his or herself at an…
Articles Posted in CONSERVATORSHIP
When is a California Conservatorship Necessary?
If you have a family member who is unable to care for him or herself, it may be necessary to seek a conservatorship for that person. A conservator is someone appointed by a probate court to manage the personal or financial affairs of another person (the conservatee). In California there…
Can “Undue Influence” Lead to a Conservatorship?
A conservatorship is a legal last resort for someone who is unable to properly provide for his or her personal needs or manage his or her finances. With proper estate planning, a person can anticipate such contingencies by signing a power of attorney or even creating a trust. Still, there…
How a Conservatorship Can Protect Your Assets
A conservatorship is a court-ordered guardian who takes charge of the financial or personal affairs of an individual if he or she is unable to care for him or herself. A conservatorship is often necessary when a disabled adult (called a “conservatee”) does not have a proper estate plan—i.e., he…
Can a Court Force Me into a Conservatorship if I Have a Mental Disability?
A conservatorship exists whenever a California probate court determines that a person is not capable of taking care of him or herself or managing his or her finances. In the case of an individual who suffers from a mental disorder, a court may order what is known as an LPS…
Conservatorships Often Lead to Intra-Family Litigation
A conservatorship is designed to protect the health and finances of a person who is no longer capable of acting for themselves. A conservator is someone appointed by a California probate court to oversee the disabled person’s estate or person. Once appointed, the conservator is accountable to the court, and…
California Conservators May Not Unilaterally Cut Off Family’s Access
In California, like all states, a probate court may appoint a conservator to act on behalf of a people who are unable to care for themselves or their property. Once appointed, a conservator has broad power to provide for the “care, custody, control, and education” of the person under the…
How a Conservatorship Can Protect You (and Your Assets)
During your lifetime, it may be necessary for a court to appoint a conservator to oversee your affairs when you are no longer able to do so. A conservatorship can apply to both a person-i.e., someone to make healthcare decisions for you-and to the property contained within your estate. While…
California May Adopt Uniform Law on Conservatorships
California is poised to join the majority of its sister states in adopting a uniform law designed to promote interstate cooperation on the subject of adult conservatorship proceedings. In May, the California Senate passed SB-940, a bill that would enact the Adult Guardianship and Protective Proceedings Jurisdiction Act, a model…
Conservatorship Disputes Can Divide Families
In dealing with an elderly person who suffers from dementia or who otherwise loses the capacity to make decisions, it may be necessary to create a conservatorship. This occurs when a probate court appoints someone to act as the disabled person’s agent in making legal, financial and healthcare decisions. Careful…