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Definitions
What Is…Guardianship or Conservatorship?
When a person is deemed incompetent in a court of law, their funds and property are then turned over to another person. This process is called guardianship—or in some states conservatorship. Guardianship is often granted to relatives of an elder with dementia; however, any person can ask the court for guardianship over another person.
Guardianship is not without its controversy. To be a conservator in California, all one needs is to pay the state registration fee of $385 and have a clean felony record, which needless to say has led to cases of abuse.
Posted in: Elder Law, Legal Issues, What Legal Documents Do I Need?
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Its so sad to think about the different ways people take advantage of elderly people. I think there should be more requirements than just a fee to become a conservator. You have to take a test to get your driver’s license. It should be the same for anything important like this.
[…] 4. What are my alternatives? If you do not want to choose a power of attorney, a guardian or conservator may be granted by probate court. In this case, you do not have a choice as to who handles your affairs, but you can trust the court will closely monitor their actions. There is no guarantee, however, that the conservator will act according to your wishes. Another disadvantage is the potential for embarrassment—after all, the details of your incapacitation will be exposed in a public proceeding. […]