Legal Question in Elder Law in California

Re: Conservatorship

Basically, the family chooses a conservatory and petitions the court. A person will lead a conservatory over their person if they cannot handle their own personal affairs and over in their estate if they cannot handle their own finances. That means that if someone can take advantage of them or they do not understand how to work cannot physically handle their finances someone has to be appointed to do it for them. The appointment carries with it a fiduciary responsibility to account for every penny of income and expenses on a yearly basis. There are certain rules which apply which give the conservatory the ability to control finances and or physical comfort. There other rules which requires the conservatory go to the court to get permission to do certain aspects. Basically, this does not mean the conservatives is crazy anyway. It means that physically he/she cannot take care of themselves.

Re: Conservatorship

A person needs a conservator when they can no longer manage their personal affairs or resist fraud or undue influence. It sounds like your aunt would qualify. However, depending on the power of attorney she gave your cousin, a conservator may be unnecessary. If he or she has full authority, your cousin can make all of the necessary decisions on your aunt's behalf.

However, if you have reason to believe that your cousin is taking advantage of your aunt (i.e. taking her property), you can file for a conservatorship and sometimes courts will void powers of attorney. A petition for a conservator can be commenced by any interested party (family, friend) and the court makes the final decision on who should be appointed. If there is a fight between the family, a court will often appoint a neutral professional (go to www.pfac-pro.org to see a partial list of professionals in your area).

The advantage of a conservatorship is that it is under court supervision and requires the person in charge (the conservator) to account for his or her actions. The court also imposes a bond to cover losses. The bad part of a conservatorship is that it is expensive and time consuming. But if there is fraud you can't stop, it may be the only option.

Good luck and see a local attorney for more details.