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Schreurs Law Offices

Conservatorships

If you do not have a Power of Attorney or Advanced Health Care Directive and you become incapacitated, the government steps in and gets your affairs in order for you. This is known as a Conservatorship. The court will create an Estate Plan for you and will choose who will be in charge of your affairs. The person the court chooses may be a stranger to you, or it could be a relative or someone you may not want to manager your personal affairs. Not only does this sound terrible, it's expensive. The initial cost to establish a conservatorship can be four times the expense of hiring an attorney to help you complete your own estate plan. Moreover, fees to maintain the conservatorship are ongoing for the life of the conservatee.

 

Conservatorships can be general or limited. Either general or limited conservatorships can be for the person, the estate, or both.

 

General Conservatorship is for a person who needs help in all aspects of life.

 

A Limited Conservatorship is usually for a person with moderate mental or physical impairment. They may be able to manage some things for themselves, but need help with other matters.

 

A potential conservatee may be:

· An elderly person who can no longer take care of themselves or manage their finances

· A person with developmental disabilities, or;

· A person who has suffered a serious injury or illness resulting in disability

In most cases, a Power of Attorney will protect you from having your estate conserved and an Advanced Health Care Directive will protect you from having your person conserved. However, in some cases, conservatorship may be the better solution to protect people with severe disabilities and impairments.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(c) 2017 Cynthia L. Schreurs - All Rights Reserved | Disclaimer
650-348-1112 or email: cynthia@schreurslaw.com

Disclaimer: The information contained in this website location is intended to be for general information only and should not be relied on when making estate planning decisions without also obtaining competent, legal counsel from an attorney. Laws vary from state to state and no respresentations are made as to the accuracy of information except as it pertains to the laws of the State of California.