A probate conservatorship stands to handle the personal care of someone unable to handle his/her own personal or financial affairs. (Personal and financial conservators are different.)Whether this is due to age, increasing health complications, or other reasons doesn’t matter. The probate process has major advantages for someone who doesn’t have the ability to help themselves. Establishing a probate conservatorship provides major advantages right away.
- Protecting the Conservateefrom Abuse
The largest way a conservatorship helps someone unable to manage their personal affairs is that it helps to protect them from abuse. A conservatorship is very carefully controlled by the legal system. Someone who is a financial conservator has to have a court hearing before making any major decisions, such as liquidating stock and selling real estate. This ensures that every action taken is truly in the best interests of the conservatee. Otherwise, someone who has influence over them might counsel them to make poor financial decisions to gain personal profit, and so on. Just holding the conservator accountable stops many instances of financial abuse from occurring.
- Allows a Legal Process for Helping Those Reluctant to Accept It
There will always be people unable or unwilling to admit that they need help. If someone isn’t willing to go to a trust attorney, estate planning attorney, or other for help managing their personal affairs or financial affairs, a conservatorship gives others the ability to do so in their stead. The carefully controlled system is designed to work in the best interests of the conservatee at all points.
- Provides a Public Record of theConservatee’s Estate
One of the supposed drawbacks of the probate process is that establishing a conservatorship in California requires that an individuals entire estate be made a matter of public record. While there is some unavoidable loss of privacy in a situation like this, it’s still in the best interests of the conservatee. If one trust attorney is no longer able to handle a conservatorship, it can be taken over by another and it can be clear to everyone that there was nothing criminal or less than legal taking place. It provides the transparency that keeps managing the affairs of someone unable to do it themselves clean and simple.
- Preserves the Conservatee’s Basic Freedoms
The California conservatorship system gives a lot of power to the conservator. However, it does not give them complete power. A conservator cannot have their conservatee committed to a locked mental institution against their will. A conservator cannot give consent for medical procedures, psychotropic drugs, and so forth. Such measures would require a completely separate petition process through the courts, meaning that a conservatee’s basic freedoms are still in tact.