Why Do You Need a Conservatorship Lawyer in California?
A conservatorship is a court case in which a judge appoints a responsible person (called a “conservator”) to protect adults who cannot care for themselves (called “conservatees”). Anyone can start a conservatorship case.
In some states, a conservatorship is also known as guardianship. In California, guardianship refers to proceedings for minors.
Conservatorship cases exist on a wide spectrum. You may need a conservatorship attorney to help you get a conservator appointed for a vulnerable adult or to help you oppose a conservatorship proceeding you feel is unwarranted. If you are an appointed conservator, you may need help navigating complex conservatorship laws. Below are some of the kinds of conservatorship matters The Law Office of Kristine M. Borgia handles.
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Types of Conservatorships
Many caveats and exceptions exist when it comes to the laws around Conservatorships. This is a general overview of the nature of a Conservatorship and when it is appropriate. If you are concerned about a friend or family member is unable to manage their health care or finances, and executing estate planning documents is unreasonable, a Conservatorship is a way to go.
Conservatorship of a Person
Conservatorship of the Estate
Understanding Power of Attorney and Conservatorship
A power of attorney is a legal document that allows an individual to appoint another person or entity to act on their behalf to administer their affairs. The person who forms the power of attorney is known as the principal and the person granted the authority over the affairs is the attorney-in-fact. A power of attorney is in effect only as long as the principal is alive and it can only be enacted by a principal who is mentally competent.
If the power of attorney is insufficient or the agent is acting improperly, then a conservatorship may be necessary.