Conservatorship | Conservator I have experience in representing the coservator of the person and the conservator of the estate under both a large and small conservatorship. If you have been or would like to be appointed as a conservator of the person and or a conservator of the estate then you need to know your rights as the conservator and person in charge of the conservatorship. You must act in accordance with California or other state law when you become a conservator of the person or a conservator of the estate and you will be held accountable for the assets of the conservatorship by any and all heirs. As an estate planning attorney with experience in representing the conservator of a conservatorship I can protect you from personal liability from suits initiated by disgruntled heirs after the conservatorship is terminated and your role as conservator has terminated.
Question: What is a Conservator of the Person?
Answer: A conservaor of the person is a legal term used to describe a person who is legally required to act in the best interests of an individual that is no longer willing or able to care for themselves. A person is placed under a conservatorship by the court after an interested party petitions the court to do so. An invesitgation for a conservatorship is initiated through the courts and only the court can authorize a conservatorship.
Question:What is a Conservator of the Estate?
Answer: A consevator of the estate is a legal term used to describe a person who is legally required to manage the financial concerns of an estate which is in conservatorship status.
Question: Can a person be both a conservator of the person and conservator of the estate?
Answer: Yes, this is not advisable unless you are a financial planner or other finance expert but you can obtain approval from the court to be appointed as both under a conservatorship.
Question: Can I apply to have my parent or other relative to be placed under a conservatorship without my parents consent?
Answer: Yes, it is possible to have your relative placed under a conservatorship if they are deemed incapable of caring for themselves.
Question: Do I need an attorney to represent me if I am placed in control of a conservatorship?
Answer: Yes, it is not required but there are many technical requirements for being appointed as administrator of the conservatorship which you most likely do not know about unless you are advised by an attorney knowledgeable in dealing with a conservatorship.
Question: What is the risk if I do not hire an attorney?
Answer: You are personally liable when you are a administrator of a conservatorship for any and all deficiencies, missappropriations, lack of due care and or waste that is attributed to your control as either conservator of the person or conservator of the estate. Personal liability means that a disgruntled heir may be able to sue you for any damages to the conservatorship estate. This deficiency would be recooperated from your personal assets including your bank accounts, personal residence and personal property. Personal liability for errors in the conservatorship could cost you everything you own. You really do not want to gamble with your own assets if you do not know what you are doing. Having a conservatorship attorney will alleviate much of this risk.
Question: How much does it cost for representation?
Answer: Nothing, attorney services for representing an administrator of a conservatorship are taken directly from the estate and will not affect your income unless you are a beneficiary of the estate.
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