Seeing loved ones struggle with daily tasks and finances as they age can be heart-wrenching. When they need assistance managing their affairs, appointing a conservator can offer the necessary guidance and protection.
The court often prefer family members or close friends
In California, the law requires that a conservator be a responsible and capable individual who can act on behalf of the elderly person, the conservatee, with sound judgment. Typically, the following individuals can petition to become a conservator:
- Immediate family members (spouses, adult children or siblings)
- Close friends
- Professional fiduciaries
- Public guardian
The court looks at the elderly person’s wishes, the relationship and trust between the conservatee and the potential conservator and their ability to manage the role. The court also checks for any conflicts of interest or criminal history.
If possible, the court often picks a family member or close friend. This is because they usually understand the conservatee’s needs and wants very well. In some situations, a professional fiduciary might be a better choice. This could happen if family members disagree about care decisions or if there is a history of financial mismanagement.
Dealing with the conservatorship process alone is risky
Being a conservator is a big responsibility. If selected, you will be in charge of taking care of someone’s daily needs, making decisions about their health and managing their finances. This job needs a lot of time, effort and attention to detail.
An attorney can guide you through the process and help you effectively fulfill your duties as a conservator. Their experience can help protect both you and your elderly loved one throughout this important journey.