Year: 2023

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...

The short answer to this question is maybe.  It depends on the capacity level of the adult.  The question is raised when a developmentally disabled child turns 18 and is determined to be an adult and their parents no long have authority to make medical or financial...

UPDATED: CalABLE was thrilled to see that passage of the ABLE Age Adjustment Act was included in the Congressional Omnibus Spending Bill at the end of 2022. This Bill will amend the Internal Revenue Code to raise the age threshold from 26 to 46 for tax-favored ABLE...