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Posts

When it Might be Appropriate to Have Your Parent Conserved

February 13, 2012/in Estate Planning, Probate /by Michael Lonich

Your parents have always been put together and independent.  However, as time passes and you notice them becoming forgetful or unable to handle their day-to-day affairs, you are unsure of how to proceed as their mental states begin to deteriorate.  Should they be conserved?

Generally, the legal definition of capacity is the mental ability to adequately function.  In California, the Probate Code allows a court to appoint a conservator of the person for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter; a conservator of the estate for a person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence; or a conservator of the person and estate for a person described in both of the previous categories.

If a conservator is appointed, he will be responsible for managing your parent’s affairs.  The conservator does not have to be a family member, although it often is.  Once appointed, the conservator will owe a duty of care to your parent and will be held accountable by the court.

There are other options, however, if conservatorship is too extreme.  Sometimes, elderly parents realize they need assistance and ask for it.  In this scenario, families can avoid the expense and emotional turmoil of having a parent conserved and family members can assist parents with their finances or hire a professional.  Other options include creating a durable power of attorney for property or a living trust.  These documents generally appoint an agent or trustee to manage your parent’s financial affairs.

If you are interested in learning more about ensuring your parents are able to manage their day-to-day lives as they grow older, please contact the experienced estate planning attorneys at Lonich Patton Ehrlich Policastri for further information.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2012-02-13 09:47:242021-12-22 21:31:01When it Might be Appropriate to Have Your Parent Conserved

Does Your Loved One Need a Conservator?

March 29, 2011/in Estate Planning /by Michael Lonich

A conservator is a person appointed by the court to manage the health care and/or financial matters of an adult (the conservatee) who is found to lack the legal capacity to care for themselves.  A conservatee does not lose all of his or her rights.  The conservatee retains the right to be treated with understanding and respect, have his or her wishes considered, and to be well cared for.  In addition, conservatees retain the right to ask a judge to end or change the conservatorship.

There are two types of conservatorships:  conservator of the person and conservator of the estate.  A conservator of the person arranges for the conservatee’s care and protection and decides where the conservatee will live.  The conservator of the person is also in charge of health care, food, personal care, and housekeeping.  However, a conservator cannot move the conservatee out-of-state.  In addition, the conservator cannot put the conservatee in a mental health treatment facility.  A conservator may be able to move the conservatee into a special residential care facility provided certain protocol is met.

A conservator of the estate is responsible for managing the conservatee’s finances, protecting his or her income and property, compiling a list of everything in the estate, making a plan to make sure the conservatee’s needs are met, paying the conservatee’s bills, and other duties.  A conservator must remember to keep his or her own assets separate from the conservatee’s assets.

For more information on conservatorships, please visit Lonich Patton Ehrlich Policastri.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2011-03-29 10:20:072021-12-22 21:49:52Does Your Loved One Need a Conservator?

Charlie Sheen’s Family May Seek Conservatorship

February 8, 2011/in Estate Planning /by Michael Lonich

News of Charlie Sheen’s intense lifestyle revolving around drugs, alcohol, and parties, has been circulating around the press for months.  Just recently, an article published by NY Daily News, discusses the possibility of Sheen’s parents trying to obtain a conservatorship over the party boy actor.

A conservator is a responsible individual who is appointed by a judge to care for another adult who cannot care for either himself or his finances.  A person who believes they would make an effective conservator for a loved one, can file for conservatorship in court.  A spouse, relative, or state or local government agency, friend, or any interested person can file for conservatorship.

There are two types of conservators.  The first type is known as the “conservator of the estate.”  A conservator of the estate handles the finances of the conservatee.  The second type of conservatorship is the “conservator of the person.”  This is a conservator who looks after and protects a person in relation to their healthcare, living arrangements, etc.

If you are interested in learning more about California conservatorships, please contact our attorneys at Lonich Patton Ehrlich Policastri for more information.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

Source:

New York Daily News


https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2011-02-08 10:18:222021-12-22 21:55:05Charlie Sheen’s Family May Seek Conservatorship
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Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

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