I’m sitting down today with Ted Cook, a conservatorship attorney practicing here in sunny San Diego. Ted, thanks for taking the time to chat with me.
Can you tell us what a Conservatorship is and who might need one?
Sure thing. A conservatorship is a legal arrangement where a court appoints someone called a “conservator” to manage the affairs of an adult deemed unable to do so themselves. This could be due to age-related cognitive decline, serious illness, or mental health conditions. Essentially, the conservator steps in to ensure the individual’s well-being and protect their assets.
What are the different types of Conservatorships?
Great question! There are a few types. A Conservatorship of the Person focuses on personal care needs like housing, healthcare, and daily living. A Conservatorship of the Estate manages finances, including income, expenses, and assets. Sometimes, we see Limited Conservatorships for adults with developmental disabilities. These grant specific powers tailored to the individual’s needs. Lastly, LPS Conservatorships are used for individuals with serious mental health disorders who require involuntary treatment.
Let’s talk about “Establishing a Conservatorship.” Can you walk us through those initial steps?
Absolutely! It starts with filing a petition in probate or mental health court. The proposed conservatee and family members must be notified, and a court investigator conducts an independent assessment. Medical or psychological evaluations are crucial to determine the individual’s capacity. Finally, a judge reviews all information and decides whether to grant the Conservatorship.
Ted, you work with these cases daily. Have there ever been any hurdles during this initial “Establishing” phase?
You bet! I once had a case where locating family members proved incredibly difficult. The proposed conservatee had estranged relatives and no updated contact information. It took some serious detective work to track them down, but it was essential for ensuring everyone’s voice was heard.
Another time, we faced resistance from the proposed conservatee who vehemently opposed the Conservatorship. Understanding their perspective and concerns was crucial in navigating that situation successfully.
>”Ted helped us navigate a very difficult family situation with compassion and professionalism. We wouldn’t have known where to turn without him.”
–
Sarah M., La Jolla
>”Point Loma Estate Planning APC made the complex process of Conservatorship understandable. They were always available to answer our questions and guide us every step of the way.”
– Michael K., Pacific Beach
Interested in learning more about Conservatorships?
Ted Cook invites you to reach out and discuss your specific situation.
Who Is Ted Cook at Point Loma Estate Planning, APC.:
Point Loma Estate Planning, APC.2305 Historic Decatur Rd Suite 100, San Diego CA. 92106
(619) 550-7437
Map To Point Loma Estate Planning A Conservatorship Attorney: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9
About Point Loma Estate Planning:
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How to terminate a conservatorship in Point Loma? Please Call or visit the address above. Thank you.
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More Facts About A Conservatorship:
A conservatorship is a court-ordered legal process where a judge appoints a conservator (a person or organization) to manage the affairs of an adult (the conservatee) who is unable to care for themselves or their finances due to incapacity.
Definition: A conservatorship is a court proceeding where a judge appoints a conservator to manage the personal and/or financial affairs of an adult who is unable to do so themselves.
Purpose: The conservatorship aims to protect the conservatee’s well-being by ensuring their basic needs are met and their finances are managed appropriately.
What Is a Conservatorship?
A conservatorship is a court-ordered legal relationship in which a judge appoints a responsible individual or organization (the conservator) to manage the financial affairs, and sometimes the personal care, of a person who is unable to manage these matters on their own. This may be due to advanced age, cognitive impairment, serious illness, or disability. Conservatorships typically apply to adults, though similar protections for minors may fall under guardianships, depending on the jurisdiction.
There are generally two types of conservatorships:
Conservatorship of the estate, where the conservator handles financial matters such as paying bills, managing investments, and protecting assets.
Conservatorship of the person, where the conservator makes decisions about personal needs, including housing, healthcare, and daily living.
In some instances, a conservator may be appointed to manage both aspects. While conservators and guardians can have overlapping responsibilities, the terminology and roles can vary by state law.
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