Riverside Conservatorships


What is a Conservatorship?

A conservatorship is a legal process to assist a senior or person with a disability with the management of his or her personal and/or financial affairs. If he or she lacks capacity due to a diagnosis of Alzheimer’s Disease, Parkinson’s Disease, dementia, depression or mental illness, special powers relating to the administration of medications or placement in a memory care assisted living facility may be appropriate.

How to Establish a Conservatorship

The first step to establish a conservatorship in the Riverside County Probate Court or San Bernardino County Probate is to file a petition. The petition may be uncontested, or the senior or other family members may contest the imposition of a conservatorship. If the Probate Court approves the conservatorship petition, the petitioner will be appointed the conservator of the senior or disabled person’s “person” (meaning that the conservator has control over decisions relating to health care, can dictate where the conservatee resides, and other personal decisions) or the conservator of the estate (meaning the conservator has control of the person’s income and assets) or both.

The conservator must then make annual appearances to update the Probate Court regarding the conservatee’s personal situation and financial status. A conservator of the estate will have to be bonded and file an annual accounting with the Probate Court. To avoid potential sanctions, a conservator should always seek the approval of the Probate Court before making any major expenditures of the conservatee’s assets.

Family members and other interested persons who desire to establish a conservatorship in the Riverside County Superior Court or San Bernardino County Superior Court can schedule a free one hour consultation with one of our elder law attorneys by calling 951-787-7711 or contacting us online here.

How to Contest a Conservatorship

Seniors or other family members may wish to dispute the imposition of a conservatorship in the Riverside or San Bernardino Probate Courts. This can be done by filing an opposition or filing a competing petition for conservatorship. A contested conservatorship can be resolved by agreement among the family members, through use of mediation, or by a trial. Seniors, family members or other interested persons who desire to oppose a petition for conservatorship can schedule a free one hour consultation at our Riverside law firm office by calling 951-787-7711 or contacting us online here.

How to Avoid a Conservatorship

Seniors desiring to avoid a conservatorship must clearly state his or her wishes in a power of attorney, advance health care directive and revocable living trust that is part of a comprehensive estate plan. The senior should consult with a qualified elder law attorney to draft and execute these documents at a time when the senior clearly has capacity. The failure to do so may leave the documents subject to challenge if they are executed at a time when the senior has been diagnosed with dementia or Alzheimer’s Disease. Visit www.protect-your-wealth.com for more information about estate planning. More information is also available at Powers of Attorney and Advance Health Care Directives.

 

To learn more about conservatorships, contact us online or call our office at 951-787-7711 to schedule a free one hour consultation.

 

Dennis M. Sandoval, A Professional Law Corporation, of Riverside, California, provides representation throughout Riverside, Corona, Norco, Moreno Valley, Eastvale, Jurupa Valley, Mira Loma, Redlands, Ontario, Rancho Cucamonga, Upland, Chino, Chino Hills, San Bernardino, Fontana, Rialto, Colton, Perris, Hemet, Sun City, Temecula, Murrieta, Menifee, Winchester, San Jacinto, Lake Elsinore, Idyllwild, Lake Arrowhead, Crestline, Running Springs, Wrightwood, Yucaipa, Palm Springs and Palm Desert.

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