
AZ Objection to Petition for Appointment of Guardian/Conservator of an Adult or Minor Child 2017-2025 free printable template
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Hi we're here with attorney Matthew Talbot I'm Elizabeth Talbot Matthew and I have a probate trust an estate law firm in Walnut Creek California and Matthew also specializes in elder law, so we're here to talk about what a conservatorship is today, so first Matthew let me ask you can you define conservatorship for me sure, so a conservatorship is a court proceeding in California where someone is appointed or someone is it can be more than one person to make medical or financial decisions on behalf of somebody over the age or 18 or over so if there are minor seventeen are younger than it's a guardianship it's very similar, but it's just for person underage and a conservatorship allows somebody to manage the care or someone else who maybe can't do it because they've dementia or Alzheimer's perhaps they have a special need such as Down syndrome those are called limited conservatorships and if they're unable to manage their own affairs then the court appoints someone for them so for a conservatorship are we talking about managing financial affairs or medical affairs well actually both and a concern of the person is for medical affairs and a conservatorship of the estate is for financial affairs the estate planning process has similar documents there's a health care directive that appoints an agent to make medical decisions and a power of attorney that appoints an agent to make financial decisions called an attorney in fact so those documents if done correctly can preclude the need for conservatorship in certain instances so most people who would need a conservatorship for either medical or financial reasons it would be because they had not done a health care directive or a financial power of attorney is that correct generally yes there are instances where certain documents haven't done and maybe either the documents are insufficient or the documents appoint somebody and there are concerns about that person acting for example they might be there might be allegations that committing elder abuse and if that's the case they should not be acting at the agent and so someone can go to court and have them suspended and another person appointed to make those decisions in their stead so for most of us you know who are on the younger side a conservatorship is not necessarily relevant what's relevant for us, it sounds like is to do a power of attorney or healthcare directive to prevent a conservatorship from being needed later well yes these documents don't become invalidated at some point in the future so if I'm a certain age 30 40 50, and I do a power of attorney or a healthcare directive or a trust or well that's going to be valid throughout my lifetime and uncertain as this is after my lifetime whether it's you know 20 30 years later so it is the best across the board to try to get those documents done and then updated on a consistent basis if changes need to be made to them of course for people that are a little younger they might have concerns about their...
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