Temmerman, Cilley & Kohlmann, LLP - Estate Planning

How Is a Conservatorship Created?

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Most courts will assume that a grown adult has the ability to make one's own financial decisions. However, if an adult becomes incapacitated, a court can direct the appointment of a conservator. A conservatorship refers to a court decision where a person or an organization known as the conservator is elected to watch over the financial affairs of a person. It is important in these situations to know when the court creates a conservatorship and under what circumstances.

Why Would a Conservatorship Be Created?

A court will decide to appoint a conservator for an elderly adult only in certain situations. The conservator is chosen by a judge after a hearing if it is determined that the elder adult does not have the capacity to make any further financial decisions for himself or herself. This can be due to an injury, an illness, or an ongoing disability. Generally, any physical or mental disorder that renders a person incapable of making financial decisions can result in a conservatorship. These financial decisions can include things such as paying bills, taxes, debts or other financial duties.

There are two types of conservatorships: voluntary and involuntary. Voluntary conservatorships appoint a conservator at the adult's request who seeks help in managing his or her financial affairs. An involuntary conservatorship, however, is when the court schedules a hearing and appoints the conservator without any formal request or consent by the conservatee.

The San Jose and Danville attorneys at Temmerman, Cilley & Kohlmann, LLP have extensive experience with the laws and proceedings related to conservatorship and guardianship. Contact us today if you are having trouble with any legal issues in relation to a conservatorship in your family.

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