What is a Conservatorship?
A conservatorship, also known as a "guardianship of the estate" in some regions, is established when an individual or entity is granted legal authority to oversee the financial, healthcare, and asset management of another person who is considered partially or entirely incapable of handling these matters. In California, this legal arrangement is initiated through a court proceeding.
When Is a Conservatorship Necessary?
A court-appointed conservatorship may become necessary when a person faces mental or physical challenges that hinder their ability to manage financial affairs, healthcare, and assets. To warrant the appointment of a legal guardian or conservator, the incapacitated individual must lack a legally authorized caregiver. Additionally, it must be determined that other forms of assistance for financial management would be insufficient to adequately safeguard the disabled person.
The Process for Appointing a Conservator
The specific procedure for appointing a conservator may vary by jurisdiction, but the typical process includes the following steps:
Petition Filing: The individual or entity seeking appointment as a conservator submits a petition to the local probate court. This petition is usually filed by a relative, close associate, or a representative from a healthcare facility or nursing home. It is accompanied by medical affidavits and sworn statements attesting to the person's disability, as well as identifying the individual or entity seeking the role of conservator.
Evaluation: The probate court arranges for an evaluation of the incapacitated person. This often involves the appointment of a "guardian ad litem" who reports to the court on behalf of the disabled person. The guardian ad litem educates the disabled individual about their legal rights and conveys their desires to the court. The guardian may also consult with the petitioner and other relevant parties to provide a comprehensive report. Additionally, the court may assign a doctor to assess the disabled person's condition.
Dispute Resolution: If the disabled person contests the appointment of a conservator, a trial is scheduled to determine whether the petitioner has met the necessary burden of proof for conservatorship designation.
Court Hearing: A hearing is conducted by the court where witnesses provide sworn testimony in support of the petition's claims, if the disabled person consents to the appointment of a conservator or is incapable of responding to inquiries due to their disability.
Conservator Designation: If a conservator is appointed, the judge issues legal documents often referred to as "letters of authority" to the conservator. These documents grant the conservator the legal authority to act on behalf of the disabled person, also known as the conservatee.
Responsibilities of the Conservator
The primary responsibility of the conservator is to maintain a record of the conservatee's healthcare, housing, food, and assets. They are obliged to monitor all expenditures and assets on behalf of the conservatee's estate, which typically must be reported to the court annually, and sometimes more frequently.
If the conservatee possesses assets that could contribute to their care, the conservator may seek court approval to lease or sell these assets. For example, if the conservatee owns a home, the conservator can request permission to sell or rent it, depending on the conservatee's ability to return home or their need for funds to cover healthcare expenses.
Read more about selling property under conservatorship or learn more about The Kaur Gray Group.
Selling real estate under a conservatorship can be a demanding task. You need the expertise of committed, trusted and caring individuals who specialize in probate, conservatorship and trust real estate sales. Call The Kaur Gray Group at 951-543-4592 today.