A conservatorship is a court-ordered relationship whereby one adult assumes responsibility for the finances and/or personal care of another adult. In California, conservatorships fall under the same law as probate estates, that is, the estates of deceased individuals. Indeed, the same branch of California’s superior courts hear probate and conservatorship…
Articles Posted in CONSERVATORSHIP
Disney Heiress Case Spotlights the Importance of Conservatorships
Estate planning is not limited to providing for your affairs after your death. Unexpected health problems may leave you unable to manage your affairs during your lifetime. In such cases, a court may name a conservator for your person or estate unless you have provided for such appointments in advance…
California Appeals Court Addresses Forced Sterilization of Woman Under Conservatorship
Conservatorships are often thought of in the context of a person caring for an elderly parent who is no longer capable of making his or her own decisions. But conservatorships can also involve a parent caring for a physically or developmentally disabled adult child. These situations raise complex legal questions…
Who Will Act as My Conservator?
When an elderly parent becomes unable to make his or her own decisions regarding finances and medical care, an adult child or other person must assume the role of conservator. Through proper estate planning, a person can nominate, in advance, a conservator to act should the need arise. In the…
How Making an Estate Plan Can Prove Your Mental Competency
The purpose of estate planning is to prepare for a time when you can no longer make decisions for yourself, either because of death or incapacity. And while ascertaining a person’s death is usually a straightforward task, determining incapacity-more precisely, the lack of capacity to make certain types of decisions-is…
The Problem of Dueling Conservators
When an adult can no longer manage his or her own affairs, a conservatorship may be necessary. If your California estate planning does not include a general durable power of attorney or advance healthcare directive naming agents to act in the event of your incapacity, a probate court may name…
The Dangers of Conservatorships
When an elderly parent becomes unable to care for himself, there may arise serious disagreements among children and other family members over the best course of action. Careful estate planning on the parent’s part before he or she becomes unable to express his wishes is always best. Failure to plan…
Walt Disney’s Family Feud Show Common Issues in Estate Planning
Currently there is a feud going on involving two of Walt Disney’s grandchildren and their share of the huge Disney fortune. Walt Disney died in 1966 leaving two daughters and 10 grandchildren. One of his daughters Sharon Disney had married and then divorced a real estate developer named Bill Lund…
Contested Conservatorships and Guardianships
Petitioning the probate court to be appointed the conservator of someone’s person or estate may be necessary when an individual has become legally incapable of taking care of himself or unable to handle his finances, and has not created a durable power of attorney for finances. The majority of the…
April 2 is National Autism Day
Coming up next week is National Autism Day which was established to raise awareness about autism. Wear blue to show your support. The incidence of autism is on the rise with approximately 1 in 110 children in the United States being diagnosed with the disease, according to the Center for…