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I often get calls related to notices of probate proceedings or a notice from a Trustee about being a beneficiary in a Trust. Of course, the sadness and emotional experience of processing a loved one’s death is difficult, but at the same time, a feeling of...
As I mentioned in my last post, a common asset in a conservatorship of the estate is a retirement account that a conservator of the estate must marshal and manage. The conservator of the estate has the authority to continue the retirement, profit-sharing, and employee...
Once a conservator of the estate is appointed and Letters of Conservatorship have been issued, the conservator must marshal the conservatee’s assets. This means that the conservator of the estate needs to determine what assets the conservatee owns, they need to make...
This post discusses only a general probate conservatorship of the person and does not discuss an LPS conservator’s, a limited conservator’s, or a temporary conservator’s authority to make medical decisions for a conservatee. Generally, a conservatee is presumed to...
The authority that a limited conservator of the person has over a limited conservatee depends on what powers the court has granted the limited conservator of the person. In a limited conservatorship, the court must specifically grant medical powers for the conservator...
The simple answer is that a lot of people, and potentially entities, are entitled to notice when a petition for the appointment of a conservator is filed. The idea of including a wide scope of individuals or entities to be aware of the proposed appointment of a...
When you think of an entrepreneur you often think of someone creating a business from scratch. The individual had a concept and went through the processes of setting up a business, growing a customer base, training employees, and watching their “baby” grow. However,...
In a conservatorship proceeding, the court can grant a conservatorship of the person, of the estate or both of the person and of the estate. The conservator of the estate has management and control subject to the powers granted by the court to manage assets titled in...
Is your child’s 18th birthday looming? Or is your child already 18 or older? While your developmentally disabled child’s needs have not necessarily changed, their legal status has definitely changed. They are now adults and that means that your ability as a parent...
A limited conservatorship is a protective proceeding for adults who are developmentally disabled. The purpose of limited conservatorships is twofold: First, to provide a proceeding for developmentally disabled individuals to have assistance when their disabilities...