I received a call today from a woman who was concerned about what seemed to be a will. The will in question, she assured me, was written on the tiniest scrap of paper ever. Could this be an actual will she asked? Would this be a valid will? I immediately flashed...
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What are a Conservatee’s Personal Rights and What Authority Does a Conservator Have Over these Personal Rights?
The issue of what powers does a conservator of the person have over a conserved person’s right to receive their mail and right to see people that they want to see comes up quite often in my conservatorship matters. While a conservator of the person has broad powers...
Inheritance: Now What?
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...
What Authority does a Conservator of the Estate have over a Conservatee’s Retirement Account?
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...
What Authority does a Conservator of the Estate have over a Conservatee’s Real Property?
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...
What Medical Authority Does a Probate Conservator of the Person Have over a Conservatee?
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...
What Medical Authority does a Limited Conservator of the Person Have Over a Limited Conservatee?
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...
Who is Entitled to Notice of a Petition to Establish a Conservatorship?
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...
What to Consider when Buying an Existing Business
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,...
What Types of Assets are Not Subject to a Conservatorship of the Estate?
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...