The attorneys at Kramer Radin, LLP realize the difficulties presented by the incapacity of a loved one. We assist families throughout the Peninsula/South Bay Area confronted with the permanent or temporary incapacity of a loved one by establishing and administering conservatorships.
In the event a person becomes unable to manage his or her own care and/or finances, and does not have certain estate planning documents in place, a conservatorship proceeding may be necessary. A person may become incapacitated for many reasons, including an accident, illness or disease such as Alzheimer’s. In California, a conservatorship is a Court proceeding in which a judge determines that a person (the “conservatee”) is unable to care for his or her personal well-being or finances and appoints a conservator to handle the conservatee’s care and/or finances. There are two types of conservatorships in California:
Conservatorship of the Person
A conservator of the person is appointed to manage the conservatee’s physical well-being and needs, including food, clothing, personal care, housekeeping, transportation, recreation, and health care.
Conservatorship of the Estate
A conservator of the estate is appointed to manage the conservatee’s finances. The conservator must inventory and invest the conservatee’s assets, ensure that bills and taxes are paid, ensure the conservatee’s financial needs are met, and keep accurate financial records.
The attorneys at Kramer Radin, LLP also assist children and families with guardianship proceedings. Whether due to death, physical or mental incapacity, incarceration or other reasons, a child’s parents may become incapable of caring for the child. In that case, the Court may appoint a guardian to care for the child and make legal decisions on the child’s behalf. A guardianship is a Court proceeding where a judge gives someone who is not the parent custody of the child and/or the power to manage the child’s property and finances.
Guardian of the Person
When people think of guardianships, they mostly think of guardians over the person. In this type of guardianship, the guardian has physical and legal custody of the child and is responsible for the safety, care, and well-being of the child.
Guardian of the Estate
A guardian may also be appointed over the estate of a minor. This type of guardian is responsible to manage the child’s finances until he or she turns 18, at which time the person becomes legally responsible as an adult for managing his or her own finances.
We understand that conservatorship and guardianship proceedings require particular sensitivity, and we offer experienced, caring counsel and representation. Contact Kramer Radin, LLP for a consultation regarding your conservatorship or guardianship matter.