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Unless the court orders otherwise, a conservatee retains
the right to vote, marry, make or change their will, control
personal spending money that the court orders to be given
to them as an allowance, and make their own health-care decisions.
All conservatees have the right to be treated with understanding
and respect, and to be well cared for.
Duties of Conservator of the Person |
If you are appointed to be a conservator of the person,
you are required to:
1. Obtain and pay
an annual fee for a surety bond to guarantee faithful performance
of all your duties.
2. Decide where the
conservatee will live, choosing the
living situation that will give the conservatee as much
independence as possible while still being safe and comfortable.
You can't move the conservatee out of
state or put them in a mental health treatment
facility. You must obtain court approval to move
the conservatee into a fenced residential care facility
for dementia.
3. Keep the court
informed of the conservatee's address.
4. Arrange for the conservatee's food, clothes,
personal care, housekeeping, transportation, and recreation.
5. Make sure the
conservatee obtains all needed health care. You
must obtain court approval to provide or withhold medical
treatment over the conservatee's objection, unless the
court has granted you the exclusive right
to authorize medical care.
6. Obtain approval,
preferably in advance, for the cost of all
the care from the conservator of the estate.
Unapproved expenses for care you've arranged may become
your responsibility.
If you have been appointed a conservator
of the person,
you may find it helpful to have the experienced
attorneys of San Diego Law Firm available to advise you on
your responsibilities and on how to handle any difficult
situations that arise. We are available to provide legal advice and
assistance on all aspects of California conservatorship
management, including court filings and appearances; please
just call us at 619-794-0243 to arrange a consultation.
Duties of Conservator of the Estate |
If you are appointed to be a conservator of the estate,
you are required to:
1. Obtain and pay an annual fee
for a surety bond to guarantee faithful performance
of all your duties.
2. Keep complete and accurate records of the conservatee's
finances, income, and expenses.
2. File with the court an initial
inventory of the conservatee's
property and its value within 90 days,
and file an accounting of all funds
received and spent every two years after that.
3. Manage the conservatee's assets
prudently. You must
keep their funds and assets in a separate, interest-bearing
account or in other separate, productive investments.
4.
Obtain court approval before buying or selling assets.
5. Keep adequate insurance for the conservatee's assets
and risks.
6. File other needed legal documents and
attend court hearings. Notice must be given to
various interested persons listed by law so that they can
attend the hearings.
If you have been appointed a conservator of
the estate, the experienced
attorneys of San Diego Law Firm can provide legal advice and
assistance to you on all aspects of California
conservatorship management, including court filings and appearances. Please
just call us at 619-794-0243 to arrange a consultation.
Payment of Conservator's Fees |
A conservator's fees are paid by the estate once legal documents
requesting them have been filed, and the court has approved
them at a hearing. Approval depends on whether the court
finds that the fees are just and reasonable.
The court must also approve the compensation paid to attorneys
of the conservator of estate, person or both. Probate courts
in some counties have set limits on the amounts they will
approve for conservatorship fees.
Complaints about Conservator |
There are various ways for conservatees and interested
parties to address complaints about conservators:
1. File written objections with the court to
items in the conservator's accountings.
2. Appeal court orders authorizing
a conservator's actions,
for example, to buy or sell property, or pay expenses or
attorney fees.
3. Petition to have the conservator
removed.
4. Petition the court to give the
conservatee more control or decision-making authority over
parts of their life where the conservatee is able to handle
the responsibility.
San Diego Law Firm can also assist you if
you are a conservatee, family member of a conservatee, or
other interested person (as defined by the law) to evaluate
whether a conservator is acting appropriately, to prepare
and file necessary legal documents if the
conservator appears to have acted improperly, and to appear
at any court
hearings to represent you concerning
the conduct of,
decisions by, or need to remove a conservator. Please
just call us at 619-794-0243 to arrange a consultation.
| How San Diego Law Firm Can Help
You with a Conservatorship |
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San Diego Law
Firm provides skilled, caring legal services for
families and individuals considering a California
conservatorship. We can advise and assist you
with all aspects of creating and managing
a conservatorship, and appear on your behalf in court.
Once a conservatorship is established,
we can prepare and file the
periodic conservator's reports the court
requires under conservatorship law, assist you
in making legal decisions for the protected person (conservatee),
including Medi-Cal planning where needed to protect
the conservatee's assets, and assist you in
evaluating and handling any disputes with others over
the care of the protected person and their assets.
We can refer you to and work in tandem
with other professionals you may need to successfully manage
the conservatorship, including accountants,
home health care agencies, professional money managers, and
others. We can also advise you on other California
conservatorship law relevant to your particular
situation.
If you are considering a California conservatorship,
we can help you. We are available to represent
conservators, protected persons (conservatees), or
interested family members. We can help you with general
and limited conservatorships in Probate Court, as
well as with LPS conservatorships in the Mental Health
Court. Please just call San Diego Law Firm for more
information or an appointment:
619-794-0243 |
How to Contact Us
For more information or an appointment, please call
San Diego Law Firm
619-794-0243,
or, if you prefer, send us an e-mail at
and an attorney from our office will contact you. Please note
that making a phone call or sending an e-mail does not create
an attorney-client relationship; this requires a written agreement.
Please do not e-mail any confidential information to us until
an agreement is signed; at that point, we can exchange confidential
information freely.
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