Avoiding Conservatorship

Attorney Image By: James Filippi
Avoiding Conservatorship photo

If you have been a reader of our newsletters and blog articles for any period of time, you know we offer many solutions to avoiding probate. However, you should be equally concerned with avoiding conservatorship, for many of the same reasons.

If you have ever gone through the conservatorship process for a loved one, you will know why you want to avoid it for yourself. It is just plain nasty. It pushes your medical condition into the public domain where anyone wishing to, can dig into your secret medical information. It can also create arguments and divisions within your family if someone were to dispute the conservatorship, and these often are irreparable. For these reasons, and many more, you will want to do what you can to avoid it altogether.

A court will establish a conservatorship for you to manage both your medical and day-to-day needs. This is a conservatorship of your person. The court can also establish a conservatorship over your financial affairs. This is a conservatorship of your estate. Oftentimes, when a conservatorship is needed, the court will appoint a conservator to manage both your person and your estate.

There are a few things you can do now before the need for a conservatorship arises, because when that happens, it is too late. First, you will want to establish a general durable power of attorney. This is a legal document where you appoint someone you trust to act on your behalf to manage your financial affairs when you are not able to do so yourself. This is similar to having a conservatorship over your estate and thus limits the need to have one appointed.

Second, you will want to establish your advanced healthcare directive and HIPAA authorization. These legal documents will grant someone the ability to make medical decisions on your behalf when you are unable to do so, and will be based on your advanced instructions. This also limits the need for a conservatorship of your person.

There are many considerations, and we can help you establish this part of your estate plan. You’ll be happy you did, and just as important, your family will be thankful you as well!

Do You Have Adult Children?

We bet you are accustomed to making medical and financial decisions for your children. However, if they are 18 or older, you no longer have that authority. If something happens to them, you will either need a court order (conservatorship), or they will have had to plan beforehand. If they are “new adults” they likely don’t realize this on their own, so this is where you need to step in even though they are “all grown up”.

Those documents we just discussed above, will be needed for them as well. That 18-year-old high school senior still living in your home will be in a tough place if you need to race to court to get a conservatorship granted.

A little planning will go a long way, and we can help. Give us a call so we can help your kids make the right decisions to protect their future.

Filippi Law Firm, P.C., provides legal services in estate planning, probate, trust administration, trust litigation, and personal bankruptcy in the greater Sacramento area, with a focus in Rocklin, Roseville, Lincoln, and Granite Bay. Give us a call at (916) 333-7910 or fill out the contact form to get in touch with our office. Consultations are free, and they can be done over the phone, via Zoom, or in person at our office in Rocklin. Prepare for your future and work with the best estate planning attorneys today.

Satisfied Client Stories

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I had many questions regarding a trust set up by a family member that gave me power of attorney without my knowledge. This family member became incapacitated and I suddenly had a ton on my plate to deal with and no idea where to even start. I contacted the Filippi Law Firm after trying to get help from quite a few other firms and being told they weren’t interested. Well, I finally came to the right place. They answered all my questions in a timely manner, for a reasonable fee, and put my mind at ease.

Next, I will be getting help from them to update all the documents related to my own affairs. I know they will handle this in the same timely and professional manner that they showed in our previous dealings.

If you’re on the fence, don’t be. Give them a call. You won’t regret it.

Greg H. | Granite Bay, CA
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I very much appreciated working with Jen at the Filippi Law Firm. My Will is thorough and complete and I feel very good providing that for my family!

Catherine S. | Roseville, CA
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Selecting Filippi Law firm was perfect for my needs. Updating my Living Trust – every aspect of the document was clearly explained and my requests were met with sincere interest. And solutions offered to questions unanswered by the previous firm! The initial consultation was free of charge and not rushed in any way. I’m happy to recommend Filippi Law Firm with sincere confidence.

Connie B. | Lincoln, CA
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Filippi Law made every step of creating our Trust easy and seamless. I would highly recommend them to anyone!

Annie B. | Mission Viejo, CA
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We came to Filippi Law Firm needing assistance with a probate matter. Along the way my wife and I decided to get our affairs in order as well. Having never been through either process we were not very knowledgeable and in need of serious guidance. Jen, Katia, David and the rest of the team have been very informative, helpful, caring and patient with us while we navigate this unexpected journey. Thank You team Filippi!!

Jerry H. | Antelope, CA
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Walking into the Filippi Law Firm you are greeted by a friendly and welcoming receptionist. Any concerns regarding picking the right law firm are quickly erased. Jim Filippi and his staff are friendly, knowledgeable, and professional. They are extremely knowledgeable in Estate Planning, the reason for my need of an attorney. After obtaining my estate information they quickly got to work on updating my Revocable Living Trust and associated documents. Their fees were extremely reasonable for the time and effort they put forth. I highly recommend the Filippi Law Firm.

Andrew G. | Granite Bay, CA

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