In a previous article, we presented an overview of two different types of conservatorship that exist in California. This current article discusses alternatives to avoid establishing a conservatorship.
If the veteran is mentally incompetent and unable to perform his estate, then someone else will have to provide the authority to perform this task. If no commissions for finance present in the court, in the conservatorship case, will appoint someone to have this power. Such a conservatorship of the estate is a long and sometimes expensive process.
mandate for financial management can avoid having to establish a conservatorship over the estate older. If the senior has sufficient mental capacity to carry out such a document, the appointed agent will need power without having to ask the court for permission.
Such mandates have been referred to as a “license to steal” and will only be used to protect the financial welfare of the older.
Similarly, the mandate for health care decision making (known in California as a pre-Health Care Directive) may be a viable alternative to having to establish a conservatorship of the person. When veteran becomes incapacitated and unable to make good clinical decisions, then this mandate provides server legally authorized to do so. Again, no court intervention is required.
A revocable trust is also part of the options available to conservatorship. Assets elder is owned by the trust can be controlled by a successor executor – a person appointed by a conservative control over the trust assets if the senior will be mentally or physically incapable
If these documents were properly prepared well. advance incapacity elder, then they should serve to prevent the need for the intervention of the courts. But problems arise when loved ones try to older execute such documents as their mental faculties are in question.
In Riverside and other counties in California, for example, legal mental capacity is determined through genetic documents Code Section 811. This Convention is to file area mental capacity that can be evaluated by a qualified psychologist or psychiatrist. In assessing mental capacity veteran under this section, a poor performance in one of the above fields is not enough to make the decision to older lacked the mental capacity of a given situation. The real question is whether the poor performance of the elder’s done him or her not to understand that the mandate was provided to the Ombudsman that he must be authorized to make financial or health care decisions.
When mental ability elder in question at the time the power of attorney (or trust) were executed, the value of the documents will also be questioned.
Again, the mandates for financial and health care decision-making, revocable trusts, can often serve as a valid alternative to establish a conservatorship person or estate. A qualified elder law attorney can help to create these documents, as mental capacity elder is intact.