Estate Planning

Estate Planning: The Benefits of Creating a Conservatorship

If you are considering establishing a conservatorship of a loved one who is in need of daily assistance, you are not alone. Establishing conservatorship of a disabled adult is a common legal action. There are many benefits to creating a conservatorship, and in this blog we will describe a few of the most common.

1. Court-Required Supervision

When you establish a conservatorship, the court maintains control over important decisions. For example, the

conservator must first petition the court before making decisions concerning life-altering medical procedures or moving a great distance away. This is to ensure that the conservatee is always safe and gives other family members peace of mind.

2. Protection Against Abuse of the Conservatee's Finances

A conservator is able to collect and spend the money of the conservatee. For this reason, the conservator must create and maintain a detailed list of all expenses paid each month. This is to ensure the conservator is not abusing their power by frivolously spending the conservatee's money.

3. Ensuring a Loved One Is Protected

A conservatorship allows concerned family members to ensure their loved one is protected and taken care of. Whether the conservatee is an elderly person who can no longer live independently or a mentally disabled adult who needs help with their daily routine, a conservator will be there to make sure everything is alright.

Do I Need a Conservator or a Guardian?

Guardianship and conservatorship may seem like they are the same, but they are two different legal processes. Determining whether a guardian or conservator is needed depends on your unique circumstances. For example, say your loved one suffered a brain injury as the result of an auto accident and this injury rendered them incapable of rationalizing on their own. If this loved one was still able to walk around the town on their own, play simple or complex games, and/or maintain grooming habits, but could no longer take on tasks that required math, the court may grant conservatorship.

Ensuring Your Loved Ones Are Taken Care Of

At Samra Dhillon & Associates, our attorneys are knowledgeable in all aspects of estate planning. We can help you make provisions for adult family members you believe need help making important decisions in their lives.

Call our firm today at (916) 571-1550 or fill out our online form to schedule an appointment.