Conservatorships of Person/Estate

Where the incompetent person is an adult (over the age of 18), the Court will appoint someone, called a “conservator,” to manage the affairs for that person.  It is, however, the policy of the probate court to keep the conservatorship as limited as possible so as to retain and foster independence for the conserved adult.

Conservatorship of the Person. Where the person is unable to clothe, bath, clean, cook or make medical decisions for themselves, a "conservator of the person" is appointed to make decisions about the personal affairs of the person, including decisions about food, clothing, residence, and medical care.

Conservatorship of the Estate. In effect, a conservatorship takes away from an incompetent individual their ability/right to contract and places it with the conservator. The conservator then has the power to manage the conservatee's assets, pay the conservatee's bills, and make investsments on behalf of the conservatee. However, a conservator's power is not unlimited. A conservator needs to seek court supervision and approval prior to entering into most major transactions, such as the sale or purchase of a residence or real property, borrowing money and giving security in return, as well as making gifts.

It is most common that once a conservator is required, a conservator will be appointed over the person and estate.

If you have a question about your legal rights, or wish to speak to an attorney about your situation, please call us today at 510-663-9240, or contact us online to discuss your legal rights.