Questions and Answers on Conservatorship
When someone’s health is failing, they are not always able to make important life decisions regarding healthcare, beneficiaries, wills, and other monetary decisions. When this happens, a person might already have a conservator named and, if they do not, a court will appoint one. If you have recently been named as someone’s conservator or if you are looking for more information on the ins and outs of being a conservator, contact a Folsom, California conservatorship lawyer Yee Law Group. In the meantime, below are some answers for typical job duties, how to appoint a conservator, frequently asked questions, and expectations.
What Is a Conservator? Is It the Same As a Guardian?
A guardian is usually appointed for the non-monetary aspects of a person’s life when they are no longer able to make decisions. This can include things like healthcare decisions. A conservator, on the other hand, is tasked with looking after someone’s finances when they are too injured or ill to make decisions. This can include things relating to the injured person’s health care, their money, their estate, and even benefits.
How Do You Know If a You Need a Conservator?
There are certain scenarios that make decision-making nearly impossible. You want to trust that decisions revolving around your money and estate are in good hands. A conservatorship lawyer in Folsom, CA can help determine if a conservatorship petition should be filed. Generally, a person who is dealing with any of the issues below might need a conservator:
- Someone suffering from a brain injury.
- Someone who suffers from dementia or Alzheimer’s disease.
- Someone in a coma.
- Someone who has had a stroke and is suffering from damage mentally.
Although some people can make life decisions with some of these illnesses or injuries, if a court finds the person incapacitated — that is, the person is unable to make some or all their own life decisions — a court will likely appoint them a conservator. A court will look at many factors when weighing these decisions, but if they find the person is unable to clearly make choices or does not fully understand their finances or health care, or they are unable to effectively communicate what they want to happen regarding these issues, a court will determine that they need a conservator.
When the person has financial needs but they are unable to take care of them — even if in most other ways the person can live independently — they may still need a conservator.
Can a Conservator And a Guardian Be the Same Person?
Yes, in some instances the same person can hold both jobs. A person who has undergone specific training as a guardian and not a conservator, however, can only handle up to a certain amount of money a year. Once this is exceeded, a court would appoint a conservator. A conservatorship lawyer can evaluate your situation to determine what type of appointment would be appropriate.
What If the Incapacitated Person Appointed a Power of Attorney Before Becoming Incapacitated?
If, before the person’s incapacitation, they appointed someone to make financial and health care decisions, then this same person could also be their conservator.
How Can I Find More Information?
If you need more information on being a conservator, or if you would like to set up an appointment with a conservatorship lawyer Folsom, CA clients turn to who can help you regarding appointing a conservator, contact the Yee Law Group today.
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