Legal Question in Real Estate Law in California

Re: conservitorship

She should see an Estate Planning attorney and execute a trust, and current durable power of attorney, and other documents.

Re: conservitorship

There is nothing easy or fast about becoming or being a conservator. It is a highly supervised position involving record-keeping, reports to the court that you petitioned to be appointed by in the first place, and the possibility of audit. If you want to get the most and best answers to questions about conservatorship, you should probably re-ask your question under a different LawGuru topic, such as elder law or estate planning (I don't know what all our topic headings are; there might even be one for conservatorships per se).

For a person who is only mildly afflicted, perhaps one or more powers of attorney would be a simpler approach. Both of you should visit an attorney together and explain what you want to accomplish and ask for advice. The attorney should represent your sister, not you; it is her assets and life that's at stake here.

The attorney's scope of work should include overall estate planning, probably including a living trust, as well as whatever powers of attorney are appropriate in the shorter run, i.e. for property management and health care.

I'm not pooh-poohing the idea of a conservatorship; they definitely have their place. However, if you want easy and fast for someone who is only slightly incompetent at present, this does not seem like the way to go.

Re: conservitorship

If your sister is mentally incompetent, then you will have to seek a conservatorship, which is neither fast nor easy. If your sister is mentally competent and there is no undue influence, then you may be able to create a trust with powers of attorney, convey assets into the trust, and name you as the trustee of the trust assets.

Re: conservitorship

Power of Attorney, if she is 'competent' enough to sign and understand what she is doing. Make sure witnesses sign statements to that effect.

If not, you'll have to get a conservatorship over her with court orders granting you the legal authority necessary. If you need this, feel free to contact me.