Legal Alternatives to California Conservatorship |
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. This 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.
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. 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.
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San Diego Law Firm |