Conservatorship: A probate court case where the authorized person makes personal, medical and financial decisions for an incapacitated person. Generally, when there is no living trust or power of attorney, a conservatorship becomes the vehicle by which the elder (conservatee) who cannot care for himself or herself mentally or physically is protected. The courts monitor the actions of the conservator who has obtained the courts authority via a multistep process that also involved thea conservetee,, his or her relations and a court investigator and and must file periodic accountings that account for the money spent and received by the conservator. There are two kinds of conservatorships: for personal needs such as food and shelter and the other for financial decisions and properties.
Revocable Trust. Someone takes care of the financial assets i.e. the successor trustee would manage the assets owned by the trust when the elder person is no longer able to. This precludes the scary case of an unwanted conservatorship from taking over because this legal instrument has already specified the transition of authority unless the trustee is stealing money and there is elder abuse litigation.
Power of Attorneys for Financials and Health care. This precludes the scary case of an unwanted conservatorship from taking over because this legal instrument has already specified the transition of authority unless the agent is stealing money and there is elder abuse litigation.
To conclude this section So how does this all work out in an ideal world where you do become incapacitated, who is the legally designated person that can make a decision for you? If you have that durable power of attorney for healthcare, you already have indicated who that is. If you do not have one, California has a hierarchy as to the legal guardian by naming the spouse, then the children, with California having the oldest, majority decision or consensus making. Finally, if no other relation or acquaintance is your successor, you become a ward of the state of California with a permanent guardian chosen by the courts. In such an instance, this person is a complete stranger to you and as I mentioned before, “God Help You!” Is that what you really want? I presume no.
So please see an elder lawyer so that you can establish a legally binding healthcare directive. This impacts factors such as where to live, for example in what nursing home and even which television shows you want to watch. All of these big and little things when you are incapacitated will affect your joy.
http://www.elder-law-advocate.com/