If an adult who is mentally incapacitated, or suffer from comas, Alzheimer’s disease, or other serious illness or injuries, and cannot make his/her own decisions regarding his/her assets or health care, a person close to him/her may need to apply to the mental court for a conservatorship appointment.

conservatorshipA conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.

Conservators have court-ordered authority and responsibility to manage the affairs of those who can no longer make their own decisions about finances or health care. If a court appoints someone to take care of financial matters, that person is usually called a "conservator of the estate," while a person in charge of medical and personal decisions is a "conservator of the person." An incapacitated person may need just one type of representative, or both. The same person can be appointed to take both jobs. Both types of conservators are supervised by and held accountable to a court. The incapacitated person is called a “conservatee.” The court will normally also appointed an attorney to act in the interest of the conservatee.

Conservatorship process could become time consuming and expensive. If the incapacitated person planned ahead and signed durable powers of attorney for finances and health care, that person won't need a conservator because the person named in those documents can take charge. However, if no planning has been done -- a common situation -- then family members must ask a court to appoint a conservator or guardian.
This is just a general overview of the conservatorship. To answer your specific questions, please call our offices for a free consultation.

Disclaimer: Materials on this website have been prepared by Law Offices of Michael Y. Lo for general informational purposes only. They are not legal advice. The transmission and receipt of information, through viewing, printing, e-mail or otherwise, is not intended to create or constitute an attorney-client relationship. Persons should not rely or act upon the information without seeking professional counsel. If these materials are not consistent with the rules governing attorney communications in a particular state, and the materials result in client contact in the state, Law Offices of Michael Y. Lo will not assume the representation of clients from those states. The materials contained herein do not constitute an offer to represent you. These materials may be considered advertising not complying with State Bar requirements in your state. 

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