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Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

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Home » Resources » Frequently asked questions » California Adult Conservatorship

California Adult Conservatorship

    • California Adult Conservatorship

    • What is a conservatorship?

       

      In some cases, an adult will become unable to handle their affairs due to cognitive impairment or a devastating physical medical condition. Under these circumstances, the state can be petitioned to appoint a conservator to act as the representative of an incapacitated adult.

       

    • Is incapacity common among elders?

    • Most people are unpleasantly surprised when they discover the answer to this question. The Alzheimer’s Association is one of the best sources of information about this horrible disease, and they have many useful facts and figures on their website.

       

      They have found that over 6 million Americans have Alzheimer’s disease, and about 30 percent of individuals that are 85 years of age and older have contracted the disease.

       

      There is an aging of the population underway because of the maturation of the baby boomer generation. As a result, there will be 13 million people living with Alzheimer’s disease by 2050 according to experts.

       

      Alzheimer’s is not the only cause of dementia, and as we have stated, there are those that cannot handle their own affairs because of physical medical conditions.

    • What are the drawbacks of a conservatorship?

    • In a general sense, wouldn’t you want to choose the individual that will act on your behalf if it ever becomes necessary? The person that makes the most sense to the court may not be the individual that you would have chosen yourself.

      Plus, everyone in your family may not be in total agreement about the best way to proceed. This can cause disagreements during a difficult time when family members will ideally be coming together to support one another.
      There is also the intrusion by an outside authority that assumes control of decisions that you really should make for yourself.

    • How can you empower someone to handle your financial affairs if it becomes necessary?

    • If you explore your options with an estate planning attorney, you may find a revocable living trust is the ideal choice to serve as an estate plan centerpiece. You would act as the trustee while you are alive and well, so you would maintain total control of the assets.

      There are a number of benefits that you gain when you use a living trust instead of a simple will, and one of them is the avoidance of probate. This is a costly and time-consuming legal process that takes place under the supervision of a court.

      You can also include spendthrift protections we have a living trust, and you do not have to provide lump sum inheritances to the beneficiaries.

      Another major advantage is the ability to prepare for possible incapacity. When you are drawing up the trust declaration, you could name a disability trustee to manage the trust if it ever becomes necessary.

      This can be the same individual or entity that will act as the trustee after your passing, but this is not an absolute requirement.

      For property that is not held by a trust, you could name an agent to act for you in a durable power of attorney. The “durable” designation is operative, because this type of power of attorney would remain in effect in the event of your incapacity.

      When these documents are in place, there would be no reason for the court to appoint a conservator to manage your affairs.

    • What about health care decision-making?

    • You can use documents called advance directives for health care to cover this base. A living will is used to state your preferences regarding the use of life-support measures like resuscitation, ventilation, and artificial hydration and nutrition.

      Decision-making scenarios can arise that are not related to life-support utilization. To prepare for this possibility, you can name a representative in a durable power of attorney for health care.

      There is another important detail to keep in mind. You have to include a HIPAA release to give your agent the ability to access your medical information.

Schedule a Consultation Today!

We are here to help if you are ready to work with a Los Angeles estate planning lawyer to put a custom crafted plan in place. You can set up a consultation appointment right now if you call us at 310-337-7696.

There is also a contact form on this site you can use to send us a message, if you reach out electronically, you will receive a prompt response.

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Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

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