A conservator is someone who is appointed by a court to act on behalf of an adult individual who is incapable of handling his or her own affairs. Each state has different rules regarding conservatorship, and the terms are used in different ways depending on the jurisdiction. Another term used for a conservator is guardian. In some states, a guardian handles the personal affairs of a ward who cannot act on his or her own, and a conservator handles the ward's financial affairs. In others, a … [Read more...] about What Is a Conservator?
Incapacity Planning
What Is the Difference Between a Conservatorship and a Power of Attorney?
Statistics indicate that a significant percentage of elders become unable to make sound decisions at some point in time, and under these circumstances, a conservator could be appointed by the court to manage the affairs of an incapacitated adult. The appointment of a conservator can provide a solution under difficult circumstances, but there are some potential drawbacks to take into consideration. For one, family members can have differing points of view with regard to the ideal … [Read more...] about What Is the Difference Between a Conservatorship and a Power of Attorney?
Making Health Care Directives in California
An Advance Health Care Directive is a legal device commonly used in incapacity planning that allows you to name a person to make medical decisions for you in case you should become disabled. You may have also heard this legal document referred to as a Medical Power of Attorney or a Durable Power of Attorney for Health Care. The person that you name to make medical decisions for you may be called your agent or advocate. Along with your medical decisions, the Directive also lets your health care … [Read more...] about Making Health Care Directives in California
What Are the Disadvantages of a Conservatorship?
Sometimes adults become unable to handle all of their own affairs due to incapacity. Under these circumstances, in California, the matter of conservatorship enters the picture. In California, a conservator is someone who is appointed by a court to make decisions on behalf of someone who is incapacitated. In some states, a guardian would be appointed to handle personal decision-making, and a conservator would manage the financial affairs of a ward. In California, a conservator would handle all … [Read more...] about What Are the Disadvantages of a Conservatorship?
Basic Estate Planning Questions: What is Incapacity Planning?
Yesterday, we began our ongoing series on basic estate planning questions by looking at the legal concept of an estate. Today we are going to look at another aspect of an estate by looking at what happens to a person when he or she becomes incapacitated. Incapacity planning is one of the more essential parts of every basic estate plan. Regardless of your age or circumstances, every capable adult in the state of California needs to take the time to create a proper incapacity plan. What does … [Read more...] about Basic Estate Planning Questions: What is Incapacity Planning?
What Is the Difference Between a General and a Limited Power of Attorney?
Powers of attorney are used throughout the legal field for various different reasons. There are different types of powers of attorney, and you should understand the distinctions so that you can make informed decisions. With this in mind, let's look at the difference between general and limited powers of attorney. General Power of Attorney With a power of attorney, the person who is bestowing the power is called the principal or grantor. The grantor names an agent or attorney-in-fact in the … [Read more...] about What Is the Difference Between a General and a Limited Power of Attorney?
Your Estate Plan Will Include These 4 Important Tools
Regardless of where you are in life or what you want to accomplish with your estate plan, everyone who creates a plan in California will likely rely on at least four important tools. These tools will protect most of your important interests, and allow you to achieve most of your estate planning goals. Even if you and your attorney decide that you need additional tools to help you, understanding what these four important tools do and how they work can give you a much better understanding of why … [Read more...] about Your Estate Plan Will Include These 4 Important Tools
Why Your Family Needs You to Make an Incapacity Plan
When people in Northern California decide to create an incapacity plan, they quickly come to realize that doing so can be a tremendous benefit for the not only themselves, but also for their families. Should you become incapacitated and lose the ability to make choices or communicate, your family will naturally be affected as well. Your sudden loss of abilities will be an emotional event for them, and one that will leave them less able to address the personal and practical realities that your … [Read more...] about Why Your Family Needs You to Make an Incapacity Plan
3 Tips for Incapacity Planning
Regardless of your age or circumstances, everyone should have an incapacity plan. The law allows capable adults to make decisions about what they want to happen to them should they lose their ability to communicate or make choices. This process, known as incapacity planning, involves creating a variety of tools that will record your wishes. Even though your attorney will guide you through the process of creating an incapacity plan that complies with the relevant California and federal laws, … [Read more...] about 3 Tips for Incapacity Planning
Approaching Estate Planning When You're Married
Beginning the estate planning process is not always something people like to consider, but it is something that everyone, and especially married couples, needs to do. For married couples, the basic issues that your estate plan will have to address will be very much the same as those confronted by single people. However, because you are in a relationship and many of your estate planning choices will affect your spouse, there are some issues you might want to spend a little more time discussing … [Read more...] about Approaching Estate Planning When You're Married
