Sacramento Conservatorships Lawyer

Conservatorship Lawyer Sacramento, CA

When you are feeling confused or overwhelmed about a probate matter, you should contact a

knowledgeable conservatorship lawyer such as one from Yee Law Group. For years we have handled a broad range of cases involving probate and estate administration. We also help clients to prepare and plan estates, trusts, and wills; thereby, ensuring the probate process is as smooth as possible. To learn more, please call our Sacramento, California office.

Probate and Estate Administration

When a person dies and leaves assets to beneficiaries, a probate process may be required. This will be dependent on many factors including whether or not an estate plan was involved and the state in which the deceased’s assets are in. If a probate process is required, the court will appoint a personal representative who will be responsible for estate administration. This person will oversee many tasks including handling money and assets for beneficiaries, heirs, descendants, and creditors. The person who holds this role is known as a fiduciary and is held to a very high standard of trust.

The probate process is meant to be efficient and as hassle-free as possible. Unfortunately, it does not always go as planned. Having a conservatorship lawyer guiding you through the process and overseeing the fine details can be advantageous. A conservatorship lawyer can assist in things like:

• Filing tax returns
• Paying off debts
• Filing an inventory of the assets
• Review and resolve claims against the estate
• Arrange for a valuation of assets and real estate
• Prepare interim and file the final accounting
• Itemizing and documenting receipts
• Help you to take possession and control of the assets
• Assist in the distribution of the assets

As a probate law firm, we represent many local clients, but we also are able to represent estate administrators and executors who reside in other states. If this applies to your situation, we may be able to help you to discharge your duties and minimize the need to travel to California.

Our Probate Services

To ensure we provide our clients with everything they might need, we take on a limited number of clients and cases at any given time. If you need assistance in any of the following, please contact Yee Law Group for further advice:

• Probate administration
• Trust administration
• Contesting a will or trust
• Property transfers
• Life insurance
• Social security survivor benefits
• Estate planning for survivors
• Retirement account benefits

Probate Litigation

Sometimes a dispute will arise over a will or a trust. If you are contesting a will or estate, or are facing a dispute allegation, we are able to represent you in probate litigation. Examples of probate dispute matters include:

• Testamentary capacity
• Undue influence
• Breach of fiduciary duty

Many probate disputes can be resolved through alternative dispute resolution such as mediation or arbitration. If we are unable to reach an amicable solution or agreement during this process, we will be ready to pursue litigation that will likely involve a judge and courtroom.

Conservatorships in Sacramento, CA

Conservatorships can be time-consuming and complicated. When a judge has appointed you to be the conservator of another person’s financial decisions, you have to fill out a lot of paperwork and attend court hearings. You may also be required to provide periodic reports to the court to prove that you are handling the person’s affairs properly.

Being a conservator is a big responsibility. Those in charge of conservatorships can find that they have to make some tough decisions at times. Within 60 days of being appointed a conservator, you are required to create an inventory of the protected person’s estate, including the value of all of his or her assets, such as real estate, furniture, stocks, and bonds. As a conservator, you are also responsible for paying for support for the protected person, and for paying off any debts he or she may have. Your duties as a conservator end when the protected person dies or becomes well enough to manage his or her financial affairs again.

One way to reduce the stress of a conservatorship is to hire an experienced lawyer to help you through the process. The lawyers at Yee Law Group have many years of experience with conservatorships and a deep understanding of the fiduciary duties involved. When complications arise, our lawyers are ready to step up and prepare your case for court.

How Our Law Firm Can Help You

Our law firm has helped individuals deal with a wide range of conservatorship issues and we may be able to assist you as well. Some of the services we provide include:

• We represent conservators and help them carry out their duties
• We help individuals who have been victims of financial exploitation in conservatorship cases
• We represent individuals who wish to contest the appointment of a conservator
• We represent individuals who want to petition for the appointment of a conservator
• We help individuals fill out the paperwork that’s required for conservatorships

What Are the Differences Between a Conservator and a Guardian?

What happens when a person is unable to make normal life decisions? Perhaps a person was born with a severe disability, or maybe a person was in a horrific car accident that left them with a traumatic brain injury where they are unable to make financial decisions or even pick out their clothes in the morning.

When this happens, a court will typically appoint that person a conservator or a guardian to help them out with decisions. What are the differences between the two? Can one person act as both the conservator and the guardian? Below, you will find more information on the typical tasks regarding the job and who a court can appoint as either a conservator or a guardian. For more detailed information, contact a conservatorship lawyer in Sacramento, CA from the Yee Law Group.

A person can have one or more conservator and this person is tasked with managing an adult person’s property and their finances. A conservator is important to have if your finances or assets could go to waste without the proper decisions. They also help ensure your dependents get the financial support they need as well. Typically, a court will appoint a conservator to someone who has excess wealth or income.

On the other hand, a court appoints a guardian to help an incapacitated adult or to take care of a child. They are not usually trained to deal with large amounts of finances and are there to handle the personal affairs of their ward.

A conservatorship lawyer in Sacramento, CA assists clients in petitioning the courts for conservatorship and guardianship.

At What Point Is an Adult Considered Incapacitated?

When an adult cannot communicate decisions or is unable to properly evaluate decisions, and when they cannot take care of themselves physically or mentally, a court will likely consider them to be incapacitated.

What Does a Conservator Do?

A conservator has many tasks, including:

• Making decisions on behalf of the incapacitated person based on how they believe the incapacitated person would have made them.
• Creating a financial plan to submit to the court.
• With approval from a court, a conservator can exercise rights for insurance and retirement plans, amend a will, create and amend trusts, and even make gifts to people or groups.

What Does a Guardian Do?

Among the many tasks a guardian has, they can:

• Make decisions based off the ward’s values, interests, and what they believe the ward would want.
• Decide where their ward should reside.
• Create a personal care plan for their ward to file with the court.
• Exercises and take care of a limited number of financial assets.

How Are Guardians and Conservators Terminated?

Typically, termination of the guardianship and the conservatorship happen when the ward or the protected person passes away. In other cases, if the ward or a protected person does not meet the standards for having a guardian or a conservator, a court can cancel the appointment. Additionally, the ward or a protected person can petition a court with the assistance of a conservatorship lawyer if they believe they have strong evidence that they are better off without that care.

Let Yee Law Group Assist You in All Your Estate Planning Needs

A conservatorship may get complicated and you might want someone with experience to help you when an issue arises. That’s what we are here for.

At Yee Law Group, we have dealt with many different types of conservatorship cases in the past and want to help you in any way you can. We offer free initial consultations, so you have nothing to lose by speaking to us. We encourage you to call our office to schedule a consultation about conservatorships.

To learn more about our probate and estate administration services, please call a conservatorship lawyer Sacramento, CA clients recommend today.

Things to Know About Conservatorships

Purpose and Types of Conservatorships

For individuals who are not able to make decisions for themselves, conservatorships should be considered, as a Sacramento, CA conservatorship lawyer knows. There are generally two types of conservatorships: conservatorship of the person and conservatorship of the estate. The former grants authority over personal care decisions, such as healthcare and living arrangements, while the latter provides control over financial matters. It is important to consider conservatorships as a last resort, opting for less restrictive alternatives like supported decision-making or powers of attorney whenever possible.

Legal Process and Oversight

Establishing a conservatorship involves a legal process that includes filing a petition with the court, presenting evidence of the conservatee’s incapacity, and demonstrating the proposed conservator’s qualifications. Courses evaluate a large amount of evidence to decide if a conservatorship is in the best interest of a vulnerable individual. Regular oversight by the court is crucial to ensure the conservator acts in the best interests of the conservatee. This oversight may involve reviewing the conservator’s actions, requiring accounting reports, and intervening if there are concerns of abuse, neglect, or mismanagement.

Potential Challenges and Concerns

As a Sacramento conservatorship lawyer can explain, while conservatorship iss helpful it can also introduce unique challenges. Loss of autonomy is a significant issue as conservatees have their decision-making capacity limited, potentially impacting their independence and self-determination. There is also a risk of exploitation, as some conservators may abuse their authority or neglect the best interests of the conservatee. Although regular court oversight can mitigate these risks, there may still be gaps in monitoring. Moreover, conservatorships are often seen as binary solutions, leaving individuals with fewer alternatives that could better balance support and autonomy.

Seeking Alternatives and Reforms

Due to the concerns related to conservatorship, there are many concerns about safeguards and other protective measures that should be employed. Supported decision-making is one alternative approach where individuals retain decision-making capacity but receive support from trusted individuals to make informed choices. Creating comprehensive advance directives, such as healthcare proxies and durable powers of attorney, allows individuals to plan for potential incapacity and have their wishes respected. Limited conservatorships offer another option by focusing on specific areas where support is needed while allowing individuals to maintain decision-making authority in other aspects of their lives.

Conservatorships are legal arrangements that grant an appointed individual, known as a conservator, the authority to make decisions on behalf of another person, called the conservatee, who is deemed unable to manage their own affairs. Conservatorships have a crucial role in protecting individuals unable to manage their own affairs, but it is essential to strike a balance between necessary support and personal autonomy. Regular court oversight, exploring alternative models like supported decision-making, and embracing reforms can help address the concerns associated with conservatorships and ensure the best interests of individuals are upheld. By considering a range of options and implementing appropriate safeguards, we can strive for a system that provides support while respecting the rights and dignity of those in need. If you need help understanding conservatorship laws and processes, turn to a Sacramento conservatorship lawyer from Yee Law Group Inc. to get the counsel that you need. 

Client Review

“Michael Yee has been extremely professional in helping me navigate through various legal matters regarding housing laws over the years. He has always been easy to get ahold of, very knowledgeable, easy to talk to, straight forward, and ultimately an important advocate for me. His prices are always fair, and there are never any hidden surprises or fees. Michael Yee knows how to get the job done. I cannot recommend him enough.”
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