Conservatorships - Part 2

Why would you consider a conservatorship?

The reason to consider a conservatorship is because your family members or loved ones may no longer be competent to manage their finances, or may not be able to make decisions about their personal affairs, or may be at risk for becoming victims of financial abuse or fraud.

I know a fair amount about obtaining a probate conservatorship in California because I spent one year in the process with my parents.  Had I known the costs involved – and it was not just financial but “blood, sweat and tears” – I may not have done it.

However, given the circumstances, there may have been no other alternative.  Without it, my family may have faced financial devastation.  It’s unfortunate we instead have the financial burden of a legal system that, in California at least, has tilted toward making it nearly impossible to attain a probate conservatorship.

Even when it might appear obvious that a conservatorship is necessary, as it was in my family, the obstacles are tremendous.  This is especially true if your family members or loved ones fight it.  Or if another family member opposes you or files a competing claim.

As a disclaimer, I must let you know I am not telling you that you must pursue a probate conservatorship if your parents or a loved one suffer from dementia.  I am not a lawyer or licensed eldercare professional.  Only, if your circumstances warrant it, I am letting you know what you need to be aware of when considering a probate conservatorship.

I reiterate: I AM NOT ADVISING ANYONE TO PURSUE A PROBATE OR MENTAL HEALTH CONSERVATORSHIP.  I AM NOT A LAWYER.  YOU SHOULD SEEK LEGAL COUNSEL BEFORE PROCEEDING WITH ANY ACTION.

STAY TUNED FOR THE NEXT INSTALLMENT.