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Conservatorship Avoidance in California

In a conservatorship, a person is appointed by a court to look after another person’s financial and physical well-being. There is always the risk of the court appointing someone that neither the individual nor their family would choose. If you want to avoid a conservatorship in California or to at least make sure the person you select is appointed as conservator, there are a few simple steps you can take.

By creating a comprehensive estate plan, including a revocable living trust, a power of attorney for finances, advance health care directives, and HIPAA pre-authorization forms, people with capacity can avoid conservatorships. A comprehensive estate plan is a less restrictive alternative to a conservatorship, and if it is properly administered by the trustee and agents, a conservatorship should not be needed. In the event that you do not have an estate plan and wish to avoid going into conservatorship, we can assist you.

Power of Attorney

By appointing an agent to handle financial decisions, the Power of Attorney helps avoid a conservatorship. A Power of Attorney is a legal tool that grants an agent the authority to act on behalf of a person in financial matters, such as paying bills, buying and selling real estate, and conducting business dealings. In some cases, the agent was accused of mismanaging financial affairs or gave up their agent status, which led to court hearings.

Younger person holding hands with elder | Conservatorships Done Right

Designation of a Healthcare Agent and Living Will

A Living Will and Designation of Healthcare Agent are legal documents that describe the type of medical care a person wishes to receive in the event of an incapacitated state, as well as naming someone they trust to act as their agent in healthcare matters. Like a Power of Attorney, a Healthcare Agent should be someone who understands the importance of this role and who can be trusted to make medical decisions. Otherwise, the Probate Court may appoint a conservator to make healthcare decisions on your behalf.

Designation of Conservator

When both the Power of Attorney and Healthcare Agent documents fail and a conservatorship is necessary, there is still one document which ensures the individual is placed under the care of the conservator of their choice. Using the Designation of Conservator, a person can name the agents who will make financial and healthcare decisions on their behalf. When conservatorship proceedings are being held, this document is presented to the judge to verify that the individual made a decision while sound of mind to appoint specific people to these roles.

Contact a trusted and experienced conservatorship attorney today

CDR helps individuals with elder law concerns and guides them through some of life’s most important decisions. We are confident that our trusted and experienced attorneys can help you and your loved ones determine the best solutions for you and your family. In the areas of Medi-Cal planning, asset protection, conservatorships, probate, and estate planning, you can count on the highest level of representation. Contact us today to schedule your free consultation.

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National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
Dennis M. Sandoval
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