What is conservatorship and guardianship?

Yee Law Group Inc. > What is conservatorship and guardianship?

Trust Attorney Roseville CA

Conservatorship and guardianship are going to resolve my court proceedings in which the court is going to give someone a title of a conservator or a guardian, allowing them to manage somebody else’s financial affairs and personal care decisions. Often times these proceedings are permitted only if that person becomes so incapacitated or impaired that they cannot make say financial decisions for themselves. The court will only appoint a conservatorship if there is no other way for somebody to pick someone to delegate these duties, such as a through power of attorney, living trust or other means.

Oftentimes there are standards for conservatorships and guardianships that must be established for somebody who is in a coma, suffering from advanced stages of dementia or Alzheimer’s, or other serious injuries or illnesses that affect their ability to be financially sound. Your trust attorney in Roseville, CA is going to be able to help you understand the explicit standards that follow being assigned as a conservator or guardian over someone else’s finances.

Your trust attorney in Roseville, CA such as the ones available at Yee Law Group are also going to be able to help you understand what the difference between a conservatorship and guardianship is. A conservatorship is appointed to make financial decisions for somebody, which means that they have the ability to collect all the assets, pay bills and make investments and perform financial functions, engage in estate planning and can amend or revoke the protected person’s will.

The court must approve transactions such as the sale of a real property, gifted assets or estate planning for the protective person in the conservator must seek out court approval before doing this.

When you are a guardian of somebody, you have been appointed to perform duties that are related to personal care, custody, or control over somebody. The Guardian is going to have the authority to make decisions such as where the person will live and what medical treatment this person can receive.

Conservatorship and guardians have two different sets of duties, a conservatorship within 60 days must inventory the person’s estate, which includes real estate, furniture, clothing, mortgages, bonds, notes and as well as other personal property. After this is done, the conservator has filed an annual accounting with the court showing in detail all of the property received or disbursed and listing all property on hand. The conservator is responsible for paying support, maintenance and education of a protective person using government benefits when available, the conservator must also pay the person’s debts and manage their estate.

A guardian has the duty to ensure that provisions have been made for someone’s care and comfort, such as food, healthcare and social requirements. Whenever it is possible, the guardian must meet these needs for government benefits or services that the ward is entitled to, rather than from using the ward’s estate. A guardian has the power to give consent that enables the ward to get medical procedures or professional care, but they cannot consent to care that would violate moral or religious beliefs of their ward. The Guardian is responsible for caring for reasonable things such as the ward’s clothing, furniture and other personal effects and they must file a notice of an event to dispose of prior to the disposition or sale of the ward’s personal effects. The Guardian has to file a report with the court about the well-being of their ward once a year, and it must contain mental, physical and social condition of the ward, it must inform the court of living arrangements at all address of the war during the pewter report, and it must list all services provided to the ward.