Understanding Conservatorship and Guardianship for Older Adults- State of California Requirements

Understanding Conservatorship and Guardianship for Older Adults- State of California Requirements

I believe that conservatorship and guardianship are important. They are relevant to incapacitated individuals in a manner that makes them unfit to participate in decision-making (Marlo, 2021). This intervention ensures the financial and psychosocial well-being of an individual. The entire process of seeking conservatorship and guardianship should be done legally per the regulations of relevant states (Family Caregiver Alliance, n.d). Besides, failure to abide by the legal requirements can be disadvantageous to the ward. Therefore, all parties involved must pursue the correct legal framework for it to be beneficial. Our assignment writing services will allow you to attend to more important tasks as our experts handle your task.

The state of California has set up its conservatorship requirements for older adults. Conservatorships are established after a legal proceeding (Coleman, 2020). Accordingly, older adults who anticipate future mental incapacitation can establish a power of attorney. This helps to avert court action. A conservatorship is relevant to people who never made early arrangements (Coleman, 2020). Furthermore, it is necessary for situations of dishonesty and incapacitation of people bestowed with the role of a power of attorney. After that, a bond for the liquid assets and annual income must be obtained. This acts as insurance to prevent asset embezzlement by the conservator. Furthermore, a plan for the conservatorship must be filed within ninety days.

After one year, the conservator must file an account of the assets, income and expenditures with the court. After that, this practice should continue after every two years (The Superior Court of California, n.d). In addition, non-family conservators can be sought if family members are unavailable or upon request by the person to be placed in conservatorship. These can be agencies or individuals. An example of such an agency is the Public Guardian, based in San Francisco (The Superior Court of California, n.d). Other legal non-profit organizations can also serve as conservators. For private, professional conservators, licensing and educational qualifications must be fulfilled. Conservators and conservatorship attorneys have the right to ask for a service fee from the court.

References

Coleman, T. F. (2020). Capacity Assessments in California Conservatorship Proceedings. https://tomcoleman.us/publications/2020-california-capacity-report.pdf

Family Caregiver Alliance. (n.d). Conservatorship and Guardianship. https://www.caregiver.org/resource/conservatorship-and-guardianship/

Marlo, S. (2021). How to Get Guardianship of an Elderly Parent. https://www.agingcare.com/articles/how-to-get-guardianship-of-elderly-parents-140693.htm

The Superior Court of California. (n.d). Conservatorships of Adults. https://www.sfsuperiorcourt.org/divisions/probate/conservatorships-of-adults

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Understanding Conservatorship and Guardianship for Older Adults- State of California Requirements

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