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California Conservatorship Duties And Guidance

At the Law Office of Raoul J. LeClerc, attorney Raoul LeClerc and his daughter Danielle L. Klein provide seasoned guidance for people who want to create a conservatorship in Butte County.

What Is A Conservatorship?

If a person becomes incapacitated and has not established a durable power of attorney or an advance nomination designation, a family member may need to step in and pursue a conservatorship.

A conservator is the person who is legally permitted and obligated to manage the incapacitated person’s finances and health care. The court has an established process for assessing whether or not a person is incapacitated or not. This process does take time, involves extensive legal paperwork and is an expensive legal remedy. Conservatorships are complex, require court monitoring and ongoing assistance from an attorney.

Who Needs A Conservatorship?

A conservatorship is not for someone simply because they are elderly. Generally, conservatorships are established for those who are unable to think clearly or make decisions due to mental or physical incapacitation that has been clinically diagnosed. This often includes such things as dementia, Alzheimer’s disease, coma or mental illness.

The goal of a conservatorship is to ensure that the incapacitated person’s bills are being paid, assets are being managed, and that they have a safe place to live and are receiving the medical and personal care they require. An incapacitated person who is being cared for under a conservator is known as a conservatee.

For over 50 years, Raoul has helped people understand how a conservatorship works and when to seek one. Raoul and Danielle are here to help you establish a needed conservatorship and guide and advise you on how to fulfill your duties and obligations as a conservator.

How Can A Conservatorship Be Avoided?

An estate plan that details all of your wishes will provide clear guidance to your estate administrators. These plans typically include powers of attorney designations. With powers of attorney designations in place, should the maker of the estate plan become unable to manage self-care or their finances, someone is already legally recognized as the person who can take over these tasks. A carefully crafted estate plan, including living or revocable trusts, ensures that you and your family won’t have to resort to the conservatorship process.

We Are Here To Help

At the Law Office of Raoul J. LeClerc, we know that managing and supporting an aging loved one is stressful and can be uncharted territory. Consider us your trusted and proven guides. We are here to help you navigate through this complicated process. Want to find out more? Schedule an initial consultation at our law firm in Oroville by calling 530-427-7319 or by connecting with us via our website contact email.