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When Is A Conservatorship Needed?

At Berge & Berge, founding attorney Jim Berge (pronounced burr-ghee) not only has a master’s degree in tax law, over 25 years of experience as an estate planning specialist and a CPA, but also has beloved relatives who are physically disabled due to aging and are suffering with dementia. He understands the emotional journey you are travelling through as you begin the process of handling your loved one’s estate.

Our attorneys can help from a firsthand, tax and legal standpoint as you enter into a conservatorship relationship, whether it be on behalf of a spouse, parent, friend or family member. Located in West San Jose, we help people throughout the south San Francisco Bay Area. Our office is readily accessible with free outdoor parking.

The Conservatorship Process

As an adult, you are responsible for handling your own affairs unless otherwise determined by a judge, which is often the case after a catastrophic accident or impairing illness. Some adults establish a trust in advance to determine the division of assets and/or guardianship for their children. Others delay planning, effecting a conservatorship by determination of California’s courts upon physical or mental incapacitation.

A judge can put a conservatorship in place, which may include the following steps:

  • Obtaining a bond — Like an insurance policy, a judge may require a bond for the annual income and liquid assets of a person’s estate, thereby holding the conservator accountable while protecting the one in conservatorship.
  • Court monitoring — The court can monitor your loved one’s wellbeing, finances and property. It may be necessary to submit a full inventory and appraisal of your loved one’s assets to the court, along with a general plan for the conservatorship.
  • One-year review — A year after the conservatorship went into effect, an accounting of all your loved one’s assets must be filed for review and approval by the court.

In some cases, the person deemed in need of conservatorship does not want a family member in charge of his or her estate. At times, family members are either incapable or unavailable to serve as a conservator. Licensed professional and private conservators are available – our lawyers can assist you in appointing one to handle your assets, or those of your loved one.

Contact Us For A Consultation

Our compassionate attorneys serve to meet your needs through estate planning services by establishing your wishes prior to a catastrophic event. We can help you protect your wishes, assets and loved ones.

Contact our San Jose firm online or call (408)985-9918 to arrange a consultation.