There may come a time when you must decide how to help a loved one who is no longer able to handle their own affairs. There are several options available to you in California. If you determine you need a formal arrangement, you may need to consider a conservatorship. Where a guardianship is established to care for minor, in California a conservatorship is used to care for an adult who has become incapacitated. The first question many clients ask is, how much does it cost to file for conservatorship in California? Luckily, the fees are pretty straightforward.
What is a Conservatorship?
A conservatorship is a legal proceeding in which the court appoints someone to be responsible for protecting the incapacitated adult (conservatee) and his or her assets. A conservator has a fiduciary duty to act solely on behalf of the conservatee and in his or her best interests. Conservators decide how the conservatee’s money should be spent, including making living arrangements. They also make decisions regarding appropriate medical treatment.
A conservator is generally required to seek written permission from the court before making most important decisions, such as withholding life-saving medical procedures. Conservators are monitored by the court, as well. They are required to make annual reports to the court as to the status of the conservatee and his or her assets and affairs.
To learn more about conservatorships and whether you can avoid them completely, sign up for a FREE seminar by clicking this link. Space is limited.
What is Required to Establish a Conservatorship?
In order for the court to appoint a conservator, a petition must be filed with the court requesting an appointment. The petition should explain why the potential conservatee is unable to handle his or her own personal and/or financial affairs, and why a conservator needs to be appointed. A special needs planning attorney can assist you in drafting this important legal document.
What Are the Fees?
The filing fee for this initial petition for Conservatorship is $465.00. There is also a $650.00 investigation fee due upon filing. That brings the total amount of fees to $1,115.00. You also have the right to file a request for waiver of the fee. If the court grants your request, you will receive an order explaining how to proceed. Following those instructions promptly is important. Typically, you will only have 10 days from the date the Order was mailed to you to exercise the options provided to you by the court.
Be aware that you may be required to pay back the fees, even if they are initially waived. This may be the case if your financial status improves, about which you are required to inform the court.
Are There Other Costs and Fees?
Oh, yes! Conservatorships are costly. Usually you will have to pay an attorney to file a conservatorship and run you through the process. In addition, you will also have to pay the Conservator for their services. Lastly, you will need to pay the Court appointed attorney and the Court Investigator for their services.
You can avoid a Conservatorship completely by having proper documents before incapacity! Sign up for a FREE seminar by clicking this link. Space is limited.
Do I Have to File for Conservatorship?
Not all situations require the formality of a conservatorship. Less restrictive choices may be available. Remember that creating a conservatorship will deprive the conservatee of all ability to make their own decisions. For this reason, a conservatorship is not always the best option.
One easy way to avoid a conservatorship is to make sure you have the proper estate planning documents, such as a durable financial power of attorney, advanced directives for health care, and revocable living trusts.
To learn more about conservatorships and whether you can avoid them completely, sign up for a FREE seminar by clicking this link. Space is limited.
If you have questions regarding conservatorships, or any other special needs planning issues, please contact the Schomer Law Group either online or by calling us at (310) 337-7696.
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