Conservatorship Services in Sacramento
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Frequently asked questions
A conservatorship is a legal arrangement in which a person, known as a conservator, is appointed by a court to manage the financial affairs and daily life of another person, known as the conservatee. The conservator is responsible for making appropriate decisions on behalf of the conservatee and is accountable to the court for their actions.
The main difference between a conservatorship and a guardianship is the age of the person who is being protected. A conservatorship is for an adult, while a guardianship is for a minor. The court will appoint a conservator for an adult who is unable to manage their own financial affairs or make decisions about their daily life. A guardian will be appointed for a minor who is under the age of 18 and does not have a parent or legal guardian that can make decisions on their behalf.
Overall, a conservatorship is necessary when an individual cannot make decisions or take care of their own basic needs due to mental or physical incapacity. This may be necessary when an individual becomes incapacitated due to illness, injury, or age. Contact a Sacramento restraining order attorney if you suspect an incapacitated person is being abused.
The process of establishing a conservatorship typically begins when a concerned friend or family member files a petition with the court, asking that a conservator be appointed. The court will then review the petition and may require the individual in question to undergo a medical evaluation to determine their level of incapacity. If the court finds that the individual is indeed unable to manage their own affairs, it will appoint a conservator to take on this role.
Any competent adult without a criminal record can be appointed as a legal conservator. This includes family members, friends, or professional individuals. The court will typically appoint the person most suited to serve as a conservator, taking into account the individual’s needs and preferences, as well as the potential conservator’s ability to manage the conservatee’s affairs properly. In cases where the individual does not have a preference or no suitable individuals are available, the court may appoint a public conservator.
The conservator needs to fulfill the following responsibilities to adequately protect and care for the conservatee:
- Managing the conservatee’s financial affairs, including paying bills, managing assets, and making investment decisions.
- Overseeing the conservatee’s daily life, including making decisions about their living arrangements, medical care, and other aspects of their well-being.
- Keeping the conservatee’s property safe and in good condition.
- Providing the court with regular reports on the conservatee’s financial and personal condition.
- Following the court’s orders and any specific instructions included in the conservatorship order.
- Acting in the best interests of the conservatee at all times.
A conservatorship can be terminated in several ways, depending on the specific circumstances of the case. Some common reasons for ending a conservatorship include the following:
- The conservatee has regained their mental or physical capacity and is able to manage their own affairs again. In this case, the conservatee can petition the court to terminate the conservatorship. The court may require the conservatee to undergo a medical evaluation to determine their capacity.
- The conservator can no longer fulfill their duties or is acting against the best interests of the conservatee. In this case, the conservatee or another interested party can petition the court to remove the conservator and appoint a new one.
- The conservatee has passed away. In this case, the conservatorship will automatically be terminated, and the conservator will be responsible for carrying out the instructions in the conservatee’s testament to settle their estate.
- The purpose of the conservatorship has been accomplished. For example, if the conservatorship was established to sell the conservatee’s house, and the property has been sold using online deed transfer forms.