Legal Question in Wills and Trusts in California

Conservatory for my Mother

I am a trustee of my mothers family trust and I have a power of attorney. I am wondering if I need to be appointed Conservator to deal with her bills etc. when she becomes unable to handle them herself? She is going to be 87 next year and seems to be failing rapidly. She is also blind but with my assistance she can sign her name to checks when needed.

Thank you

JR


Asked on 7/30/03, 9:29 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Conservatory for my Mother

The conservatorship should not be needed if you qualify as the successor trustee and the property/assets are in the trust. In addition, you should have a power of attorney for property and power of attorney for health care from her, and this should avoid conservatorship.

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Answered on 7/30/03, 9:47 pm
Karla Shippey Law Offices of Karla Shippey

Re: Conservatory for my Mother

You should check with legal counsel to make certain all the documents are in order and valid before you need to rely on them. This will reassure you that all is okay, or maybe point out issues that need to be handled. A conservatorship should not be needed if you have been given authority and the documents are valid. Note that banks are a "special breed" and often have their own requirements and qualifications. If you need to handle bank accounts, see the banker in advance of needing to actually sign checks. The power of attorney is only useful if the institution accepts it--and banks tend to hassle you. So go in advance, get it approved and on file, and then there are fewer worries.

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Answered on 7/31/03, 4:52 pm


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