A Conservatorship in California is when a person is appointed by the court to look after another person’s financial and physical well-being. This is not always a great situation to be in since the court may appoint someone who would never be chosen by the individual or their family. Fortunately, there are a few simple ways to avoid a Conservatorship or at the very least, to ensure the person you choose is named as your conservator.
Power of Attorney
A Power of Attorney is
a legal tool that grants an agent the authority to act on behalf of a person in
financial matters, such as paying bills, buying and selling real estate, and
conducting business dealings. The Power of Attorney helps avoid a conservatorship
since an agent is already appointed to handle financial decisions. However,
there are some cases where the agent was accused of mismanaging financial
affairs or gave up their status as agent, which led to court hearings.
Living Will and Designation
of Healthcare Agent
The Living Will and
Designation of Healthcare Agent are legal tools which describe the type of
medical care a person wishes to receive when they are incapacitated while also
naming a person they trust to act as an agent in all healthcare matters in the
event of incapacitation. As with the Power of Attorney, the Healthcare Agent
should be someone who understands the importance of this role and can be
trusted to make important medical decisions. Otherwise, the Probate Court may
have to appoint a conservator to make healthcare decisions for you.
Designation of Conservator
Even if both the Power
of Attorney and Healthcare Agent documents fail and a Conservatorship must be
put in place, there is still one document which helps to ensure that the individual
is placed under the care of a conservator of their own choosing. The
Designation of Conservator is a document that allows a person to name the
agents they would like to make financial and healthcare decisions for them. This
document is presented to the Probate Court during a Conservatorship proceedings
to inform the judge that the individual made a decision while sound of mind to
appoint specific people to these roles.
If you have any questions about how we can help you avoid a Conservatorship in Orange County, please contact our Newport Beach guardianship and conservatorship lawyers at (949) 260-1400 to set up a consultation.