Probate Conservatorship
What is a Conservatorship?
A conservatorship is a legal “tool” that provides management for the financial and/or personal affairs of individuals deemed by the court to be physically or mentally incapacitated.
What is a Conservator?
A conservator is a manager appointed by the court to protect and care for the person or the financial affairs of citizens unable to provide for their basic needs of food, shelter and clothing, or unable to resist fraud or undue influence. Private fiduciaries, acting as a Conservator, are held to the highest standards of accountability, are under court supervision, and offer a higher level of experience and competency than non-professional individuals acting in the same capacity.
Conservators of the Person and Estate
The Superior Court may appoint a Conservator of the Person for any adult who is unable to properly provide for his or her personal needs for food, shelter, clothing or medical care. The Conservator of the Person assumes responsibility for all decisions regarding the health and welfare of the Conservatee.
A Conservator of the Estate may be appointed for any person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence. The Conservator of the Estate assumes responsibility for the prudent use and protection of the Conservatee’s assets.
Duties of Conservator of the Person and Estate
- Provide food, clothing and shelter
- Supervise medical needs
- Consent to medical treatment
- Arrange for appropriate care
- Provide for daily activities and transportation
- Handle emergencies at all times and/or arrange for a responsible agent to do so
- Inventory and collect assets
- Collect income, as well as verify and pay obligations
- Manage financial assets
- Hold, secure, and invest estate assets
- Participate in all legal and financial matters regarding the Conservatee
- Prepare financial accountings
- Prepare and file appropriate tax returns
- Arrange or verify pre-need burial agreements
Testimonial
Since Shelley Ocaña has been my mother’s conservator, I have seen an overall improvement not only in my mother’s condition, but in the entire environment in which she lives. I have found Ms. Ocaña to be an efficient, effective and responsible conservator for my mother. I’m quite happy to have her looking out for Mom and hope she will continue in that capacity for as long as is necessary.