Legal Question in Wills and Trusts in California

Re: Powers under a Conservatorship

With prior court approval, you should be able to do this. Consult with a good trust & estates lawyer (most will give you a free initial consultation).

Your finance idea seems to be in the best interest of your sister. With good financial planning, you can reduce your debt and provide her with better medical care.

Out of respect for her estate, you are right in offering her an interest in your home. Although it may not be legally necessary to do so, you may feel morally at ease. As conservator, you will want prior court approval before you start using her money in any way.

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Re: Powers under a Conservatorship

Yes, this is allowed, although only with prior approval of the court. You will need to file a petition seeking authority to sell the property. Also, you need to review the order appointing you as conservator to make sure you have the power to change her residence. While this is usually granted, occasionally it is not. Also, when you move the conservatee you will also have to notify the court.

Your idea doesn't sound selfish to me, it seems like you are acting in the best interests of the conservatee who is running out of money.

With respect to her buying an interest in your home, that may not be necessary. But I would think that you could make a reasonable request for her to pay rent for living in your home. Again, this is something where you will want prior court approval before you start using her money to pay yourself rent.

We specialize in conservatorships and ancillary proceedings. If we can be of assistance, please don't hesitate to call.

Re: Powers under a Conservatorship

No one can predict what a court will do. If presented properly, to an open-minded judge you should be able to do what you wish to do. There are certain legal consequences of this kind of transaction know that may not be to your benefit. In elder law there are numbers of factors which are mutually exclusive which you may not even considered. I would advise you to get an attorney who is well versed in this area. Since you're already a conservatory your sister you must have had an attorney to start this process to this point. Why not consult with that attorney. If you don't wish to or wish to consult with anyone else I am located in the San Francisco Bay Area and if you wish to talk with me I am at 925 -- 945-6000.