Probate Conservatorships

A probate conservatorship is a court proceeding for appointing someone to be legally responsible for another adult.  A “conservator” is the person appointed by the court to be legally responsible and a “conservatee” is the adult who cannot take care of himself or herself.  Most often, a conservatorship is necessary for an elderly adult who has dementia or is unable to protect against fraud or manipulation.  A court may appoint a “conservator of the person” to, for example, make medical decisions and control where the conservatee lives.  A court may also appoint a “conservator of the estate” to manage a person’s assets.  If a person needs dementia medication or a secured-perimeter facility, that is additional authority that must be requested.  A probate conservatorship generally cannot be established, however, based solely on many mental health issues (such as bipolar disorder, depression, or alcoholism).  Our experienced probate conservatorship attorney can help determine the best type of arrangement for the adult in your life who needs protection. 

What is a “limited” conservatorship?

A person may need a conservatorship when he or she has a developmental disability.  That type of conservatorship is a “limited” conservatorship because the conservatee retains certain rights regarding medical decisions, residence, education, social and sexual contact, and the right to marry – unless the court specifically grants those rights to the conservator(s).

Contact our guardianship and adoption attorney

We are experienced attorneys who understand the legal requirements of these complex legal proceedings.  We provide experienced and effective guidance, advice, and representation to the family throughout the conservatorship process.  Contact the Law Office of Emily J. Buchbinder at (831) 462-1313 or fill out our confidential contact form to speak to our experienced attorneys and learn more about guardianship and adoption.  Our attorney, Amy R. Henderson, has extensive experience with conservatorships, having spent ten years as a judicial research attorney for the Santa Cruz County Superior Court.  Amy reviewed the paperwork filed in all conservatorship matters, researched the issues and law, made recommendations to the judges about how the judges should rule, and attended all conservatorship hearings.

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