Conservatorship of Adults

In the United States, all adults are considered capable of handling their own affairs unless a Judge determines otherwise. In California, this legal arrangement is called a conservatorship. They are established for impaired adults, most often older people.  Examples are: developmentally disabled or the victims of a catastrophic illness or accident.

When Conservatorship is Necessary

A conservatorship is a formal legal proceeding and involves several steps. For some adults who are concerned about possible future mental and physical incapacity decide to establish a power of attorney or a trust, so they can avoid the court action.

Legal documents allow a person to choose an individual or an institution to make decisions for them if they become impaired. In California, courts do not routinely monitor powers of attorney or trusts. I’d say most people do not make these arrangements probably because it is difficult to think about becoming incapacitated mentally or physically. Unfortunately for many of us, especially to people over 75 years of age, this happens.

So what do you do when a person has not made prior arrangements? What happens if the person handling the power of attorney or trust is incapable or dishonest? For these and many other reasons a conservatorship may become necessary.

Let’s go through what happens after a Conservatorship is established.

Management of Wealth and Property

It is considered established when the Judge issues an Order.  The judge may require that a bond be obtained for the liquid assets and annual income in the person’s estate. Liquid assets include bank accounts and stocks. A bond is like an insurance policy. The person in conservatorship can be reimbursed iff the conservator mishandles the money or takes it.

The Judge also schedules the case for Court monitoring of the finances and property of the person as well as his or her welfare. The law requires that an Inventory and Appraisal of all assets be filed within 90 days of the appointment of the conservator. The conservator must also file a General Plan for the conservatorship. If the person being conserved has any real property, the conservator must record evidence of the conservatorship.

One Year Review

One year after the appointment and every two years thereafter, an accounting of the assets, including the income and the expenses must be filed with the Court. The accounting is reviewed in detail by a probate examiner. An investigator personally interviews the conserved individual periodically and determines if the conservator is acting properly.

Non-Family Conservators

Family members are often times unavailable or incapable of serving as conservators. Occasionally, the person who is thought to need a conservator does not want a family member to be the conservator. In these situations, there are agencies and individuals who can serve.  One option may be a private professional conservator. As of July 1, 2008, they must be licensed by the State of California and meet ongoing educational requirements. All professional conservators are expected to keep a case and provide services even if the money runs out, especially if they have been appointed to serve as conservator of the person.

All conservators and attorneys are entitled to request the Court approve the fees for their work. The fees are carefully reviewed and granted by the Probate Court only if they have been properly justified. Conservators and attorneys cannot take money without a formal court order.

Those Most in Need of a Conservatorship

Conservatorships affect mainly older people, especially those over 85 years of age. Coincidentally, the fastest growing age group in the United States is the one over 85 years of age. In California, that age group will increase by 143 percent between 1990 and 2020. Some counties will experience even higher rates, up to 400 percent. The influence of the 85 and older age group will emerge most strongly between 2030 and 2040 as the first of the baby boomers reaches 85 years of age (http://www.aging.ca.gov). With the right genes, healthy living, and luck, most people will escape being incapacitated. However, many San Franciscans will have impairments and will need help with daily living. Most likely the number of conservatorships will increase over time. Fortunately, the California legislature has mandated many court safeguards for those who need conservatorships.

We offer a flat fee for most of our services. We’re affordable, compassionate, experienced and ready to assist.

We service ALL California counties!

**This information should be considered GENERAL INFORMATION ONLY and is not a substitute for the advice of an attorney **

 CALL US TODAY @ 916-802-0044!