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Conservatorships for Aging Adults

When an elderly individual cannot manage their finances rationally, a court can appoint a conservator. An incapacitated adult is referred to as the protected person in conservatorship proceedings. Depending on the elderly individual’s mental incapacitated state, the conservator has varying levels of authority. Conservators can be appointed to manage a single transaction (such as selling the family home) or a limited set of activities (such as paying bills) or to oversee all assets of an individual. An incapacitated adult is referred to as the protected person in conservatorship proceedings.

When is an Elderly Individual Considered to be Incapacitated?

According to California law (as referenced in code § 810-13), incapacity is an inability to make decisions or perform certain acts when at least one of the mental functions is impaired or lacking. The deficiency or deficiencies can result in: Inability to understand or communicate with others.

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What type of conservatorship is needed for my loved one?

Different conservatorships cater to different types of individuals, including those who have dementia, addictions, and developmental disabilities. Petitioning the courthouse for the correct conservatorship can save you time and court fees. The most common conservatorships are probate conservatorships, limited conservatorships, and temporary conservatorships. Choosing a conservatorship should be based on the needs of your incapacitated adult. If you would like to discuss the conservatorship process more, we can help. Contact us today to discuss the best possible outcome for your loved one.

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Special Needs Alliance | Member since 2024
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
10-Year Super Lawyers selection | Dennis M. Sandoval, Managing Partner, Sandoval Legacy Group
2024 Super Lawyers selection | Dennis M. Sandoval, Managing Partner, Sandoval Legacy Group