If someone is unable to take care of their own affairs due to serious health issues, they may need someone else to step in and assist with those tasks. If no estate plan has been created,
You may hear the term conservatorship in relation to estate planning. Breaking this down to understand when it applies to your situation or your family can be helpful as you consider the holistic process of estate planning. Probate conservatorship refers to those situations in which a judge formally appoints a responsible individual known as a conservator to care for another adult who is unable to take care of their own finances. An individual appointed as a conservator in California must be very responsible.
There are two different kinds of conservators: the first will be the conservator of the estate, which handles the conservatee’s financial matters, like collecting a person’s income or paying bills, if a judge determines that the conservatee cannot do it. The second type of conservator cares for and protects an individual when that judge determines that the conservatee is unable to do it.
You do not automatically become conservator of the estate if you become conservator of the person. You must petition at the same time that you file for your petition for conservatorship of the person or do it at a later point in time. Note that probate conservatorships are different from limited conservatorships. Limited conservatorships refer only to probate conservatorship for those individuals with developmental disabilities.
Need help outlining your own estate plan, such as naming people to serve in critical roles for you? Let our Pasadena estate lawyers help.