San Marcos Conservatorship Attorney
Also helping responsible people plan in Oceanside, Carlsbad, Escondido, and Vista.
Perhaps you’ve noticed signs that your elderly mother no longer can keep her home neat and organized; you worry that she might be suffering from early stage dementia. Or maybe an elderly relative suffered a life-changing illness, and you believe he is at risk for getting scammed. You want to learn more about how probate conservatorship works and what documents you need to prepare to protect your rights and pocketbook.
A Wonderful But Challenging Responsibility
Conservatorship, at its essence, is an arrangement wherein a person (the conservator) is given powers over the financial and personal affairs of another person (the conservatee).
Depending on the arrangement, the conservator might be able to access the assets, property and documents of the conservatee, make investments, pay out money to creditors, gift money, make and purchasing decisions. The conservator can also make consequential decisions about the conservatee’s residence, medical treatment, nutrition, dress, travel, and beyond. Conservatorship, in other words, involves a tremendous amount of power and responsibility.
Problems Can Arise
In some cases, the individual who needs help may be so incapacitated or ill that he literally cannot object to the “transfer of power.” In other cases, the conservatee may willfully and joyously accept the help. And in yet other cases, the conservatee may actively fight against outside help. For instance, a parent in the throes of Alzheimer’s disease — who can no longer pay her bills, keep track of her debts or investments, and protect herself against scams — may nevertheless resist her own child’s attempts to establish a conservatorship.
Who Can Be a Conservator?
A close relative, friend or even a public official can appear before the court to petition to establish a conservatorship. The petitioner needs to present compelling evidence that the prospective conservatee lacks capacities or abilities to engage in personal care or financial care.
Complexities and pitfalls abound for conservators. The cost of establishing a conservatorship can be substantial and annoying. The conservator often must seek the court’s approval for relatively pedestrian matters, such as the moving around of money or selling of property. And the relationship between conservator and conservatee promises to be an evolving, dynamic relationship, which can change due to the changes in the conservatee’s medical or mental status.
The Law Office of Darius Khayat can help you establish a successful and minimally stressful conservatorship, answer questions about how the process works, and resolve concerns you have about the arrangement, legal or otherwise.
The Law Office of Darius Khayat serves San Marcos as well as surrounding communities, including Carlsbad, Vista, Escondido, and Oceanside. Call us now: 760-591-0245.