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Conservatorship

DKColemanLaw-conservatorshipA conservatorship is a court proceeding to appoint a manager for the financial affairs and/or the personal care of one who is either physically or mentally unable to handle either or both. The person who cannot care for him or herself is called the conservatee. A person or organization the judge chooses to do this is known as the conservator. A conservator can be a family member, friend or professional person.

A conservatorship ends when the conservatee dies, the conservatorship estate runs out of money, or the conservatee regains the ability to handle his or her own personal/financial affairs.

There are two types of conservatorships:

  •  A Limited Probate Conservatorship applies when the person is developmentally disabled. In this type of conservatorship, the powers of the conservator are limited so that the disabled person may live as independently as possible.
  • General Probate Conservatorship is for all other adults who are unable to provide for their personal needs due to physical injury, advanced age, dementia, or other conditions rendering them incapable of caring for themselves or making them subject to undue influence.

On occasion, a temporary conservatorship may be appropriate if there is an immediate emergency that requires an immediate appointment. A petition for temporary conservatorship can be filed at the same time as the petition for limited or general conservatorship or at some time later, when a need arises.

Our experienced conservatorship attorney stands ready to assist you in applying for conservatorship of your loved one.  To schedule a consultation, simply give our office a call at 916.422.1446.  We look forward to speaking with you.

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