1. What is a Conservatorship?
2. How can I become a Conservator?
3. What does the Conservator do?
4. How will I know what to do as a Conservator?
5. What is an Account?
6. How much will it cost to set up a Conservatorship?
7. Can I move the Conservatee to a different residence?
8. Can the Conservator get paid for services?
9. Who can be the Conservator?
10. Can there be more than one Conservator?
This office can help your loved ones in need of a Conservatorship, Guardianship, or Temporary
Conservatorship of both Estate and over the Person cases. We work with Conservators, family members
and lawyers to provide assistance to the person in need by filing the necessary Petitions, Account and
Reports, Petitions for Approval of Sale of Real Property and many more.
| Law Offices of RODNEY W. WICKERS Del Amo Financial Center California Bank & Trust Tower 21515 Hawthorne Boulevard Suite 380 Torrance, California 90503 (310) 540-2520 fax: (310) 540-0841 |
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What is a Conservagtorship? A Conservatorship is court proceeding in which the court authorizes a person,
usually a family member, to help someone who needs assistance with either their financial affairs, personal or
medical affairs or both. The help is dependent upon how much help the individual needs and cannot exceed that
limitation. The law provides that the Conservator continue to allow the Conservatee to do as much as the
Conservatee is capable of continuing to do for themselves. It does not require the Conservator to take over the
life and functions of the Conservatee.
usually a family member, to help someone who needs assistance with either their financial affairs, personal or
medical affairs or both. The help is dependent upon how much help the individual needs and cannot exceed that
limitation. The law provides that the Conservator continue to allow the Conservatee to do as much as the
Conservatee is capable of continuing to do for themselves. It does not require the Conservator to take over the
life and functions of the Conservatee.
There is only one way to become a Conservator and that is through the Courts. It is a legal, fiduciary position
created by the Court bestowing upon that person certain duties and responsibilities which are enumerated
within the law.
created by the Court bestowing upon that person certain duties and responsibilities which are enumerated
within the law.
The duties of the conservator depend upon whether the conservator is appointed for the person or the estate or
both. A conservator of the person will be assisting the Conservatee with daily activities, in particular all of the
medical decisions of the Conservatee. A Conservator of the estate will be helping to manage the financial affairs
of the Conservatee by paying bills, opening a bank account, arranging for contractors to assist the Conservatee.
both. A conservator of the person will be assisting the Conservatee with daily activities, in particular all of the
medical decisions of the Conservatee. A Conservator of the estate will be helping to manage the financial affairs
of the Conservatee by paying bills, opening a bank account, arranging for contractors to assist the Conservatee.
On a periodic basis, the Conservator is required to provide an accounting of all of the income and expenditures
made on behalf of the Conservatee during that period. It is usually approximately a year but can very depending
on the court.
made on behalf of the Conservatee during that period. It is usually approximately a year but can very depending
on the court.
The Conservator can be authorized by the Court to be paid just and reasonable fees for the services provided
to the Conservatee. The Court must approve such payments. The Conservator is not authorized to make any
payments for conservator services without a court order.
to the Conservatee. The Court must approve such payments. The Conservator is not authorized to make any
payments for conservator services without a court order.
Conservatorships can be very straightforward and simple matters but they can also be quite complex and difficult
depending upon the circumstances. The participation and cooperation of family members is vital to the proper
establishment of a Conservatorship. Where family members are not cooperative, or there is considerable
dispute or disagreement about the appropriateness of a Conservatorship or its functioning the costs can
become much higher. Given different circumstances that might arise, the cost can be estimated but there is no
standard cost associated with establishing a conservatorship. It is something that must be discussed once the
circumstances are explained and fully understood.
depending upon the circumstances. The participation and cooperation of family members is vital to the proper
establishment of a Conservatorship. Where family members are not cooperative, or there is considerable
dispute or disagreement about the appropriateness of a Conservatorship or its functioning the costs can
become much higher. Given different circumstances that might arise, the cost can be estimated but there is no
standard cost associated with establishing a conservatorship. It is something that must be discussed once the
circumstances are explained and fully understood.
As a Conservator you should have the advice and counsel of an attorney at all times. You also have a
Conservatorship Handbook and numerous other opportunities to understand your responsibilities. You should
always consult with your attorney on decisions and maintain a close working relationship so that any changes in
the Conservatorship you deem necessary can be properly authorized by the Court.
Conservatorship Handbook and numerous other opportunities to understand your responsibilities. You should
always consult with your attorney on decisions and maintain a close working relationship so that any changes in
the Conservatorship you deem necessary can be properly authorized by the Court.
The Court authorizes a Conservator to determine the Conservatee’s residence but it places certain
responsibilities on you to provide a notice of those changes. There are also some limitations on moving the
Conservatee out of state and other limitations on the sale of the principal residence. All of these actions require
court authorization and should be something to be discussed with your attorney
responsibilities on you to provide a notice of those changes. There are also some limitations on moving the
Conservatee out of state and other limitations on the sale of the principal residence. All of these actions require
court authorization and should be something to be discussed with your attorney
California law has a priority list of Conservators that allows the Court to appoint, starting with the closest family
members to friends and professionals. The Court attempts to appoint the Conservator who will provide for the
best interest of the Conservatee at all times. The Court's overriding consideration is what is in the best interest
of the Conservatee.
members to friends and professionals. The Court attempts to appoint the Conservator who will provide for the
best interest of the Conservatee at all times. The Court's overriding consideration is what is in the best interest
of the Conservatee.
Appointment of Co-Conservators is feasible but typically, it crates additional expenses on the Conservatorship
Estate. It can also create more difficult management of the Conservatorship. It is not a relationship that one
should go into lightly.
Estate. It can also create more difficult management of the Conservatorship. It is not a relationship that one
should go into lightly.
Law Office of Rodney W. Wickers
Attorney At Law In the South Bay
Conservatorships, Guardianships or Temporary Conservatorships
Courts of Appearance: Superior Court of California Counties of: Los Angeles, Orange, Riverside and Ventura.
Serving the areas of Torrance, Redondo Beach, Santa Monica, Hermosa Beach, Manhattan Beach, Palos Verdes, Rolling Hills, Carson,
Lomita, Inglewood, San Pedro, Long Beach, Los Angeles, Beverly Hills, Century City, El Segundo, Pasadena, West Hollywood, Hollywood,
West Los Angeles, Cheviot Hills, Culver City, Harbor City.
Serving the areas of Torrance, Redondo Beach, Santa Monica, Hermosa Beach, Manhattan Beach, Palos Verdes, Rolling Hills, Carson,
Lomita, Inglewood, San Pedro, Long Beach, Los Angeles, Beverly Hills, Century City, El Segundo, Pasadena, West Hollywood, Hollywood,
West Los Angeles, Cheviot Hills, Culver City, Harbor City.
What is a Conservatorship?
How can I become a Conservator?
What does a Conservator Do?
How will I know what to do as Conservator?
What is an Account for a Conservatorship?
How much will it cost to set up a Conservatorship?
Can I move the Conservatee to a different residence?
Can the Conservator get paid for their services to the Conservatee?
Who can be the Conservator?
Can there be more than one Conservator?
| Frequently Asked Questions: |