When putting together an estate plan, most people think about wills, trusts, and powers of attorney. While those tools are essential, there are times when they don’t cover every situation. If someone becomes unable to manage their affairs and hasn’t named a decision-maker in advance, a conservatorship may become necessary. In those cases, working with our Sacramento, CA conservatorship lawyer can help families move forward with the legal steps required to protect their loved one and their assets.
Planning To Avoid Court Intervention
One of the main goals of estate planning is to allow individuals to make decisions ahead of time about who will manage their finances, health care, and property if they’re no longer able to do so themselves. This is typically done through a durable power of attorney and an advance health care directive. However, not everyone has these documents in place. Sometimes, a person becomes incapacitated without a clear plan or the designated agent is unavailable or unwilling to serve.
In those situations, the court may be asked to appoint a conservator. This person is given legal authority to manage the individual’s financial or personal matters, depending on the circumstances. The conservator is required to act in the best interest of the person, report to the court regularly, and follow specific rules.
When A Conservatorship Becomes Necessary
There are a few scenarios where conservatorship becomes part of the estate planning discussion. For example, a family member may begin to experience memory loss or cognitive decline, and it becomes clear they can no longer handle daily tasks or financial responsibilities. If no legal documents are in place that give someone else authority to step in, a conservatorship may be the only option.
Another common situation involves someone who had legal documents but they are outdated or incomplete. In some cases, disagreements among family members about who should be in charge can lead the court to step in and appoint a conservator.
While a conservatorship gives the court oversight, it also comes with ongoing responsibilities. The conservator must maintain detailed records, keep the person’s assets separate, and get approval before making certain decisions. This level of control can be helpful in cases of financial abuse or mismanagement, but it also limits the individual’s independence.
How Conservatorship Impacts An Estate
When a conservatorship is in place, the conservator often has authority over the person’s assets, including their home, bank accounts, and other property. These responsibilities continue until the person either regains capacity or passes away. If the individual dies while under a conservatorship, the conservator’s duties end, and the estate is then managed according to the person’s will or the laws of intestate succession if there is no will.
Conservators may not have authority to make or change a will or trust unless the court gives them permission. This is one reason why estate planning is so important. A solid estate plan can avoid these legal hurdles and reduce the need for conservatorship altogether.
Families can also plan ahead for the possibility of needing a conservator by naming preferred individuals in their legal documents. While this doesn’t eliminate the court’s role, it can guide the court’s decision and give families more peace of mind.
Working With A Legal Team That Knows The Process
At , we help clients understand how conservatorship fits into their overall estate planning goals. Whether you’re preparing documents to avoid a conservatorship or dealing with a situation where one is already in place, our team is ready to assist. Founding attorney Michael Yee has extensive experience in estate and real estate law. Before founding Yee Law Group Inc., he practiced at one of Sacramento’s oldest and most respected real estate law firms. His work has earned Top Lawyer recognition from Sacramento Magazine in 2020, 2021, and 2022, and he has received the Avvo Clients’ Choice Award every year from 2019 through 2022.
If you’re concerned about how a conservatorship might affect your family or want to discuss your estate planning options, contact us to speak with our Sacramento conservatorship attorney. We’ll help you take the right steps to protect your future and the people you care about.