Advanced Issues for Individuals Who Act as Conservator

Many problems may arise in a conservatorship which may baffle the individual who is acting as a conservator of estates or persons in Los Angeles, California for aging people with advanced dementia or other diseases.   We address some of the ideas to help conservators understand the issues and how to go about getting help for resolution of conservatorship crisis by pre and post-crisis planning.  These apply both to non-professional conservators, as well as to professional conservators in California.

What are some of the Advanced Issues Facing Conservators?

The question of when to sell the home of the conservatee is a question that seems to pose many problems in several ways:

  1. A conservatee has the right to continue to live in his own home.
  2. If the property you seek to sell is the home of the conservatee, you will need a special permission to sell it.
  3. The court will appoint the PVP attorney or court-appointed counsel to tell the court what the conservatee wants.
  4. You may be faced with opposition by another family member who lives in the home.
  5. The cost of moving the conservatee to a facility may so deplete the estate that there may not be any money left to pay the conservator or his attorney.
  6. The cost of repairing the property may be so much that it may leave the estate with little money to actually pay for the care of the conservatee.
  7. The cost of repairing the property to rent it may be so much that it may not be beneficial to the conservatorship estate.
  8. Reverse mortgages are not available if your conservatee is no longer living in his own home.
  9. It may be costly to evict tenants from the property, especially in cities that have rent control ordinances.
  10. In preparing and presenting the petition for authorization of sale of the conservatee’s home, you must be able to address the cost v. benefit issues very clearly.  We can help you develop a protocol and a checklist that you can use as a conservator to determine if the sale is feasible before you approach the court.

Talk to us about these advance issues facing conservators to determine if you should file the appropriate petition for permission to sell the property of the conservatee in Los Angeles California.  Call Attorney Mina Sirkin, Conservatorship attorney for a personal consultation with a Board Certified Specialist in California in Estate Planning, probate and trust law with experience since 1992 in conservatorships.

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