Advice for Bay Area Families Considering Conservatorship
A stroke, complications of illness or surgery, or the dementia that too often accompanies very old age can all threaten the personal and financial independence of an aging or injured loved one. If your family needs advice about California conservatorship, guardianship or other alternatives for protecting a vulnerable parent or relative, contact Walnut Creek probate lawyer Michelle McKenna at the Law Office of Thomas F. McKenna.
In California, conservatorship is the term that describes the appointment of a person to manage the personal or financial affairs of an adult who is found to be legally incompetent — that is, no longer capable of exercising sound judgment or ordinary prudence in daily life. A conservator can be appointed to care for the person of the incompetent in order to manage medical decisions or even daily living needs, or to manage the incapacitated individual’s financial affairs.
A probate court can appoint a conservator of the person, of the property, or both upon a proper showing of legally defined incompetence. The same individual can serve as a conservator of both person and property (conservator of the “estate”), but dividing these functions between two people is not unusual.
Conservatorship cases can sometimes divide families as to whether an aging parent can still look after his or her own interests. In some cases, the adult children might agree as to the need for a conservator, but the parent disputes it. In any situation that might call for the appointment of a conservator, we can work with you and your family to explore the feasibility of less intrusive or expensive options, evaluate the need for protection, or work through family disagreements.
Our experience with California conservatorship can help you determine whether a petition in probate court for appointment of a conservator is right for your family's situation.
The main goal of conservatorship is to make sure that an elderly or otherwise vulnerable person is not financially exploited or physically abused or neglected. There are ways short of conservatorship that can achieve the same goals in certain cases. For dependable advice about your family's situation, contact an attorney at Thomas McKenna in Walnut Creek.
