What is the Role of a Conservator?
When an adult can no longer properly care for themselves, it might be necessary for the court to appoint a conservator, which is similar to a legal guardian in other states. A conservator might be a spouse, adult child, sibling, or another person who is willing and able to make decisions for the conservatee.
Once a conservator is appointed, it is important for them - and other close relatives - to understand their role. As a conservator, you want to make sure you are meeting your responsibilities and not handling affairs outside of the scope of the conservatorship. As a caring loved one who is not a conservator, you want to make sure the conservator is not taking advantage of or neglecting your loved one.
The following is a brief overview of the role of a conservator in California. If you have specific concerns, contact a Santa Ana conservatorship lawyer directly.
Types of Conservators
The role and duties of a conservator first depend on the type of conservatorship in question. There are two types:
Conservator over the person - This means the conservator is expected to make decisions for the conservatee’s personal well-being and care. This can include where they live, what activities they engage in, how their medical and hygiene needs are met, and more.
Conservator over the estate - This conservatorship oversees the business and financial affairs of the conservatee. This can range from paying everyday bills to managing investments to filing taxes.
These conservatorships might be divided between two different parties, or one person might have conservatorship over both the person and the estate. The type of conservatorship will then determine the conservator’s role and responsibilities.
Scope of a Conservatorship
Conservatorships can also be “regular” or “limited,” which can mean a lot when it comes to the conservator’s role. Regular conservatorships generally apply to aging individuals who have a diminished mental capacity. Regular conservators generally have the authority to make all relevant decisions for the conservatee.
Limited conservatorships are more appropriate for adults with developmental disabilities who might need help with certain aspects of their lives but can still make some decisions for themselves. The court can dictate what the conservator is or is not responsible for.
If you are a conservator and someone believes you are acting outside your role - or not fulfilling your role - you can face legal action and even be replaced. Likewise, if you believe a conservator is not doing the right thing, you can explore your options to have them removed with the help of the right attorney.
Contact a Santa Ana Conservatorship Attorney to Learn More
Knowing that it is time for a conservatorship for a loved one and understanding exactly what that entails can be difficult. It is important to understand your role as a conservator, as well as to be able to recognize when someone else acting as a conservator might be overstepping their bounds. Never hesitate to seek counsel from a Santa Ana conservatorship lawyer at the Law Offices of Roshni T. Desai. Call 715-694-1200 or contact us online for a consultation today.