What is the purpose of a conservatorship in Irvine?

A conservatorship is when someone is no longer able or competent to manage his/her own affairs and is no longer able to delegate someone to do it. It is very important to make sure that the person does not have a power of attorney or living trust. Most often these instruments have already appointed to take care of someone or their finances or other tasks and a conservatorship is unnecessary. There are certain requirements to seek a conservatorship.

A conservatorship in Irvine requires a petition with the court. Usually a family member or close friend will make the petition for appointment of a conservator. The petition will state the reason for the petition and an interview process will occur where the court determines if the conservatee is in fact truly incapacitated. Once the interview occurs a hearing will be scheduled. The hearing will approve or disapprove the conservatorship and if approved will discuss the types of powers that the conservator may have. Unfortunately, you will also have to be patient. A conservatorship can take up to six months or even longer.

There are a number of advantages to a conservatorship as well as some disadvantages.

The advantages include:

• greater protection to the conservatee,
• a conservator can be a neutral party when there are arguments amongst family members on agreeing to something and it provides a structured method. With that said there are also some disadvantages that you should be aware of.

The disadvantages include:

• giving accessibility for others to see your records since conservatorship hearings are part of a public record,
• costly and time-consuming.

There are several types of conservatorship including conservator of the person and conservator for the estate or conservator for finance. A conservator of the person appoints someone to make decisions about your personal matters such as medical care, clothing, food and living arrangement. In a conservator for the estate or for finance the person handles all of your financial and legal affairs. This power includes paying your bills, collecting any assets or making investments on your behalf. Of course, this power comes with some limitations especially if dealing with more major transactions such as selling or buying property. California also requires that the conservator give a financial record of all expenses once a year.

Again a conservatorship in Irvine has a number of requirements. It can be very advantageous for the conservator but it could also be very costly and timely for the conservatee. Unfortunately, you cannot predict if something happens to you or a loved one that will cause to become incapacitated and unable to make decisions for yourself. However, the best decision you can make for yourself or a loved one is to do or suggest a will or trust or a power of attorney. All of these instruments mentioned will allow the person of your liking and chose to make decisions for you when you can’t.