Conservatorship

 

Conservatorship

As Conservator, we are charged with the preservation of the client’s estate to include the securing and marshaling of all existing personal and real property, investment of residual funds, completion of an annual accounting of all income and expenses, completion of state and federal tax returns via certified agent, and payment of fees and monthly expenses.

There are two types of conservatorships: general and limited. A general conservatorship is established for an adult who needs the assistance of another party to handle their finances and other affairs. General conservatorships are granted to those who are elderly or have been impaired by an illness or accident. A limited conservatorship is established for those adults who cannot handle their own finances and other personal matters due to a developmental disability

For additional information on the types of guardianship click here.

Conservatorship of the Estate

  • Locate and take control of assets
  • Opening bank, brokerage and other investment accounts, and managing investments
  • Accessing safe deposit boxes, adding names or removing names
  • Public Medi-Cal, Medicare, SSA, failed pensions, frozen benefits
  • Dealing with judgments and creditors
  • Investments – understanding the Uniform Prudent Investor Act or the Prudent Income and Principal Act Guardianships or Limited Conservatorships
  • Care for property or minor or a developmentally disabled person

In the case of a limited Conservatorship, the court will determine which of these aspects the Conservator should have control over:

  • Residential situation of the conservatee
  • Access to the conservatee’s confidential records
  • Consent to marriage
  • Entrance into a contract
  • Medical consent
  • Social and personal relationships
  • Decisions about educations for the conservatee

The conservator may be granted all of these powers or a combination of a few of them

Temporary Conservatorship — When a petition for appointment of conservator is pending, if the court finds that an urgent situation exists which will likely result in harm to the property, income, or entitlements of the disabled adult, on motion, the court may appoint a temporary conservator. The length of time for a temporary conservator is set by the individual state, but often is around 90 days. This can be extended for good cause. Temporary conservatorships can also be used where the disabled adult, also termed the ward, is merely suffering from a temporary condition that renders him or her unable to manage their affairs.

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