Conservatorship Practice
Sandra Clark has been offering clients legal expertise with regard to conservatorships of the person and/or estate for over 25 years. Ms. Clark recognizes the difficult decisions surrounding the possibility of conserving a loved one and strives to make the process as comfortable as possible.
Reasons for Conservatorship:
There are different reasons for a conservatorship. In general, when an adult cannot care for themselves and/or manage their own finances, a court can appoint another person to take protective responsibility. This creates a "court ordered conservatorship" (also called a "probate conservatorship") between the protected person (the conservatee) and the responsible person (the conservator). In many cases, the conservator is a family member of the conservatee's, such as a parent or sibling, or a close family friend. There are also professional conservators that may be hired to handle the conservatorship. The conservatorship is a legal process which allows the responsible person to make decisions for the benefit of the protected person.
Types and Benefits of Conservatorship:
1. Conservatorship of the Person
A court will order a conservatorship of the person for someone whose health is at risk because they cannot provide for their own food, shelter, and other basic needs. The benefits of this conservatorship are:
- Providing assistance to a loved one whose health is at risk but who refuses or is unable to obtain help
- Allows the conservator to obtain medical information and communicate with health-care professionals regarding their loved ones
- Allows the conservator to have legal authority to make basic personal and health-care decisions
2. Conservatorship of the Estate
A conservatorship of the estate is ordered to protect the finances of someone who can't competently handle their own debts and income, or who cannot resist undue financial pressure from others. This type of conservatorship gives you, as a family member or close friend, the legal authority to make good financial decisions for the protected person and to sign checks and other financial documents. As a conservator of the estate, the conservator must act responsibly and file regular accounting reports with the court. However, the benefits of this type of conservatorship must be outweighed by the potential costs, which can be expensive due to court hearings, filing of regular accountings, and other fees. Ms. Clark will be able to provide you with the necessary information to make this decision.
3. Limited Conservatorship for Developmentally Disabled Adult
A limited conservatorship authorizes the conservator to be responsible for part of a developmentally disabled adult's life and finances, as specified and ordered by the court. The disabled person will generally retain all of their other rights, and the conservator is legally required to seek treatment, services, and opportunities to help the disabled person become as independent as possible.
The conservatorship process can be a difficult process for the conservatee, who is usually required to give up rights to manage his/her finances, make his/her own medical decisions, etc. At Campbell & Clark, we have extensive experience in the conservatorship process and are here to make the process go as smoothly as possible. Call (530) 244-6286 or contact us online to arrange for an appointment to provide advice and legal services at all states of the process.