Falk, Cornell & Associates, LLP

An Estate Planning Law Firm

Call Us Today (650) 463-1550
  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • News & Events
    • Speaker Connection
  • Services
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Business
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Senior Resource Guide
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Seminars
  • Resources
    • Client Resources
    • Consumer Resources
    • ELDER LAW REPORTS
    • Estate Planning & Related Forms
    • Newsletters
    • Professional Resources
    • Published Books
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
  • Contact Us
  • BLOG

Conservatorships

January 10, 2011 by Mary S. Falk, Estate Planning Attorney

Many people believe that estate planning is solely preparing someone’s estate for when they die. Of course, estate planning is far more complicated. In fact, estate planning also requires preparing for individuals, their estate and their person, if they become incapacitated. No one wants to think that a time will come when they cannot handle their own affairs but the truth is, as our population ages, it is likely that someone will need to handle your financial affairs as well as your well-being. With that said, not all incapacitated individuals are older. In fact, more and more children with special needs are of the age of majority. This means that in the eyes of the law, at eighteen, these children are adults. Obviously, many adults with special needs are unable to enter into contracts. For example, they are not capable of understanding a credit card, how it works, and how payments need to be made. As a result, many parents file for a Conservatorship.

In a Conservatorship proceeding, the petitioners, usually the parents, request that the court appoint them as the Conservators. The court will grant the Conservators certain powers, or authority, to make decisions on behalf of the Conservatee (the adult with special needs). There are two main categories of powers: powers over the person (the individual) and powers over the person’s estate (the finances). The powers over the person can include the authority to make health care decisions. The powers over the person’s estate can include controlling the individual’s social security payments or other cash resources. The goal of the conservatorship is to protect the conservatee (from those that might take advantage of them) and allow the conservatee to live a full life.

If you think you may need a conservatorship for a child with special needs or if you want to prepare for your own potential incapacity or that of a loved one, please do not hesitate to contact our office.

Filed Under: General

Blog Subscription

Office Address

865 Laurel Street, Suite 4
San Carlos, CA 94070
United States (US)
Phone: (650) 463-1550
Fax: (650) 463-1560

Opening hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM

Map

fc_sidbr_map
x

YES! I would like access to over 40 Worksheets and Checklists discussed in The Ultimate Caregiver Guide!

© 2021 American Academy of Estate Planning Attorneys, Inc.