Estate Matters

Conservatorship

Experienced San Francisco Bay Area Estate Lawyer

The responsibility of taking care of family members who are physically or mentally unable to care for themselves is most often associated with the elderly. The idea that you will care for and help your parents in their retirement years is not uncommon. This may be something you are already addressing. If your parent or a loved one has already lost mental capacity to manage their financial affairs or to make their own health care decisions, then a Conservatorship can provide you with the legal authority to make such decisions for your loved one. The East Bay conservatorship attorney at the Law Office of Thomas C. Tagliarini has 30 years of experience in guiding San Francisco Bay Area families through the complex process of conservatorship.

Conservatorship in California

In California state court, conservatorship is the legal court proceeding where a judge assigns a person or entity to manage the financial affairs and exercise some or all of the legal rights of a debilitated person. The court refers to the person managing the finances and legal rights for the debilitated person as the “conservator.” The debilitated individual is known as the “conservatee”. The conservator can play multiple roles for the conservatee.

  • In conservator of estate, the conservator only manages the financial affairs of the conservatee
  • In conservator of the person, the conservator manages and provides basic medical and health care needs for the conservatee
  • Conservators may fill the role of conservator of the person or the estate or both

In most cases, although the court can appoint professional conservators, non-relatives, non-profits or government agencies, conservatorship law prefers a family member of the conservatee be appointed conservator.

Types of Conservatorship in California

Depending on the level of debilitation of the individual, the following conservatorships may apply:

  • General conservatorship includes those debilitated individuals who are not diagnosed as developmentally disabled
  • Limited conservatorship includes incapacitated individuals who are developmentally disabled
  • Lanterman Petris Short (LPS) conservatorship includes individuals severely disabled due to mental disorder or alcoholism. The most common mental disorders include schizophrenia, clinical depression, obsessive compulsive disorder, bi-polar disorder, and schizo-affective disorder

Duties of Conservatorship

Whether the person in question is a minor in need of financial management or an individual who has been determined to be mentally debilitated, conservators have multiple duties to perform in order to take care of the conservatee’s needs. The following are just a few of the duties a conservator may be called upon to perform.

  • Assessing the status of personal property and real estate
  • Filing annual plans for the conservatee’s care and accompanied bookkeeping
  • Acquiring new residence and planning appropriate care for the conservatee
  • Requesting court approval to carry out duties in support of the conservatee
  • Filing income tax returns and paying outstanding bills for the conservatee

Our Dedication to Protecting Your Rights and Family Interests in Conservatorship

The Law Office of Thomas C. Tagliarini has built an excellent reputation within the legal community over the past 30 years. We strive to go above and beyond with every client. Our clients receive the same high quality legal representation offered at large San Francisco law firms, but with the personal services and cost effectiveness of a smaller, boutique law firm.

Free Initial Consultation

Contact the Law Office of Thomas C. Tagliarini by phone at (510) 444-0692 or email for a free consultation with an East Bay will dispute lawyer. We serve Oakland, San Francisco and the surrounding counties of Alameda, Contra Costa, San Mateo, Santa Clara, and Marin.