Legal Alternatives to California Conservatorship

Reasons to Explore Alternatives

Conservatorships can become costly due to ongoing conservator fees, legal expenses, and sometimes, investment and accounting expenses. Conservatorships are also time-consuming: the conservator must keep detailed records and regularly file documents with the court, court hearings must be held at regular intervals, and various persons must be given legal notice so they can attend.

These requirements may cause delays in completing transactions, which can be problematic if the conservatee has extensive assets. Finally, because conservatorship proceedings are public, the conservatee's assets become a matter of public record, which might conflict with business and personal reasons of the family and conservatee to keep their assets private.

Alternatives to Conservatorship

In many cases, a "safety net" of legal alternatives can be put together to adequately protect the vulnerable person in place of a conservatorship. This safety net is usually made from:

1. A durable general power of attorney that includes a specific provision permitting Medi-Cal planning if there is not adequate long-term care insurance.
2. An advanced health care directive.
3. A living trust.
4. Establishment of a Representative Payee for Social Security and Supplemental Security Income.
5. Ownership of property in joint tenancy. (This must be carefully evaluated for tax consequences and liability potential, and is only desirable in limited circumstances.)
6. Money management assistance by a professional bookkeeper or daily money manager.
7. Community programs, such as adult day-care, that can provide relief for family care-givers.

San Diego Law Firm can help you evaluate whether this safety net of legal protections can adequately substitute for a conservatorship of your loved one. If so, our experienced attorneys can prepare all legal documents needed to provide the best protection possible for your particular situation. For more information about these "safety net" documents, please see our Will, Living Trust and Estate Plan section on this website.

Even where a conservatorship is necessary, our attorneys may be able to craft a safety net of documents that will reduce some of the conservatorship's complexity and expense. However, if the court grants a conservatorship, it will have the final say on whether to end or continue durable powers of attorney and health care powers of attorney. San Diego Law Firm's experienced attorneys can advise you on the most desirable options for your particular situation.

How San Diego Law Firm Can Help You with a Conservatorship

 

How to Contact San Diego Law Firm

We handle matters throughout California, and new clients are always welcome. For more information or to make an appointment, please contact us either by:

Telephone: (619) 794-0243

E-mail: contactus@SanDiegoLawFirm.com
 

We can be reached by telephone Monday through Friday, 9:00 a.m. to 5:00 p.m. You may also use the form below to contact us. This form is answered Monday through Friday during the work day. Please remember that for us to become your attorneys, we must first have a written attorney-client agreement signed by both of us, so please do not email any confidential information at this point. After we have reached an agreement with you, we can then exchange information freely. We look forward to helping you.

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