San Diego Estate Planning Lawyer Blog

There are 3 types of probate conservatorships that can be obtained in the San Diego Probate Court. The first is the general conservatorship of a person where the Probate Court gives a responsible person (the conservator) the ability to take care of another person (the conservatee) or to manage someone’s financial affairs. With a conservatorship of the person, the conservator takes care of the conservatee's health care, housing, food, clothing, and other personal needs. A conservatorship of the estate pays the conservatee's bills, taxes, asssets and manages other aspects of finances.

A limited conservatorship is one that is set up for a developmentally disabled adult. If an adult with developmental disabilities is unable to care for himself or herself or their property in certain ways but not to the extent of needing a regular conservatorship, a limited conservatorship may be appropriate. The difference between a limited conservatorship and a general conservatorship is that a limited conservatorship is only available to adults with developmental disabilities. This could be something like autism, a brain injury at birth such as cerebral palsy or mental retardation, or other disability that arose before the age of 18, which is expected to continue indefinitely and constitutes a substantial handicap. The handicap could be in the area of self-care, receptive and expressive language, learning, mobility, self-direction, capacity to live independently, or economic self-sufficiency. Some of the powers that can be granted to the limited conservator are the power to decide living arrangements, the power to a sign a contract, and the power to make decisions about education or health care.

A third type of conservatorship is one under the Lanterman-Petris-Short Act for persons who are gravely disabled. “Gravely disabled”means a person, who as a result of a mental disorder or chronic addiction is unable to provide for their personal needs for food, clothing, or shelter. Usually this type of conservatorship is necessary for an individual who is seriously mentally ill or needs specialized care.

The process of establishing a conservatorship can be complicated and lengthy. If you need help with your conservatorship matter, feel free to call Pinkerton, Doppelt, & Associates, LLP for a free consultation.

In December 2008, Peter Falk’s daughter petitioned the court in Los Angeles county to become the conservator of her father. Falk, noted for his role of Columbo on TV, has apparently been diagnosed with Alzheimer’s disease and dementia. His daughter Catherine claims her father requires full time custodial care for his health and safety and is unable to take care of his finances. The Los Angeles court appointed an attorney to evaluate Falk who has filed a report saying there is no grounds for a conservatorship. Falk’s wife of 32 years also opposes the conservatorship.

Conservatorships are probate proceedings where a judge appoints a responsible person called a conservator to care for another adult who cannot care for himself or herself or handle his or her finances. Any person who wants to be a conservator can petition the court to become the conservator. Usually it is the individual’s spouse or other relative although it can be a friend or even a state or local agency. The court will not grant a petition for conservatorship if there are other ways to meet an individual’s needs such as with a durable power of attorney, a spouse that can handle the care and finances, or a revocable living trust in place.

It will be interesting to see what the L.A. probate court does in the case of Peter Falk. Another hearing on the matter will be held soon. If you have questions about conservatorships or how to avoid them, call the experienced estate planning lawyers at Pinkerton, Doppelt, & Associates, LLP for a complimentary consultation.

The San Diego County Courts hear many cases where a conservatorship is sought of an individual’s estate or person. When an individual cannot take care of his or her financial or personal affairs, it may be necessary to have the probate court appoint a conservator of the estate or of the person. A conservator of the estate is responsible for handling the finances of the conservatee. The individual appointed has broad powers to manage assets, write checks, make investments, etc. A conservator of the person is an individual appointed to make decisions about the conservatee’s personal needs such as health care, residence, food, clothing, etc.

A conservatorship can be an expensive process and may not always be necessary. Before the court appoints a conservator for an individual, it must be shown that no other alternatives are available to the proposed conservatee. These alternatives are durable powers of attorney, trusts, or the voluntary acceptance of assistance.

1. A power of attorney is a written document whereby one person (the principal) appoints another ( the agent) to act on his behalf upon incapacity. Powers of attorney for finances and for health care may provide a viable alternative to a conservatorship.

2. If the individual had a properly prepared revocable living trust, the successor trustee can step in and manage that individual’s affairs if the trustor becomes incapacitated. This needs to be done in advance of the incapacity however. Once the proposed conservatee lacks capacity, a trust cannot be created.

3. If the person who needs help with personal decisions will accept the help of relatives or friends about such things as medical care, food, clothing, and shelter, a conservatorship of the person may be avoided.

For more information about setting up a conservatorship or avoiding one by the preparation of a revocable living trust, contact us at Pinketon, Doppelt, & Associates LLP.

If you live in San Diego, there is a lot of free information available to you on a variety of legal issues. Here are some “clicks’ that may answer many questions you have:

1. Our website at Pinkerton, Doppelt, & Associates, LLP has many articles in the area of estate planning and divorce. Our estate planning blog has current postings as well as archived postings going back to 2002.

2. The San Diego County Clerk/Recorder's office has information on its website about recording documents and you can also download samples of commonly used forms such as affidavits of death, grant deeds, quitclaim deeds, property tax exemption forms, and preliminary change of ownership forms. You can access information about your property tax bill or download an application to lower your propery taxes. You can also check the Grantor/Grantee index online for deeds and other recorded documents and order copies on line or pick them up at one of the offices in Kearney Mesa, San Marcos, downtown, Chula Vista, or El Cajon.

3. The California Courts Self-Help Center has information about how to find lawyer referral services, where all the courts are located and their calendars, and frequently asked questions about a variety of topics. There is information about small claims court, conservatorships, elder abuse, landlord/tenant issues, divorce, and traffic tickets. You can even download the Judicial Council legal forms and get information on how to fill them out.

4. At the California State Bar website you can find a lawyer, look up a specific lawyer’s disciplinary record, and get basic information about a number of legal topics. Consumer pamphlets are available on all sorts of topics such as estate planning, probate, small claims court, getting arrested, minors and the law, seniors and the law, and divorce and child custody.

If you need information on estate planning issues, remember Pinkerton, Doppelt, & Associates, LLP offers a free in-house consultation. E mail us or call us with a question or to set an appointment.

In San Diego, California, we have two probate courts: San Diego in the Madge Bradley Courthouse and in Vista at the North County Courthouse. For your convenience, included in this article is a link to the probate court page for the San Diego Superior Court website.

In Los Angeles, California, Britney Spears case was transferred from a Commissioner to a Judge due to an objection by one of the parties in a recent article. In San Diego, this is also the procedure and if one of the parties does not agree [stipulate] to the Commissioner hearing the case then it is transferred to a Judge. In San Diego, there is a form which is normally signed by all parties prior to the case proceeding.

Our law firm of Pinkerton, Doppelt & Associates, LLP can assist you with your conservatorship, probate and estate planning needs. Please feel free to call or e mail our firm

In San Diego, there are many conservatorship cases. These are heard in the San Diego Probate Court. In the case of Britney Spears, since she lives in Los Angeles, her case is heard in the Los Angeles Probate Court. This case highlights the need for an experienced and competent attorney in the area of conservatorship. Our law firm of Pinkerton, Doppelt & Associates, LLP, can assist with this. Please e mail or call us to set up a complimentary and confidential appointment.

In a recent article in People, the issue of attorney fees and costs was discussed. In addition, the conservatorship is reported until July 31, 2008. In Probate Court, there can be many hearings and necessary pleadings. The attorney fee and cost award was $58,000. In addition, the Court ordered a payment of $2,500 for the father of Britney Spears as the conservator and also that she cannot leave California without permission from the Court or her father.

Conservatorship cases can be very complicated and this case is an illustration of the costs, fees and powers which a Court has over a person who is declared unfit to care for themselves.

San Diego has similar proceedings to Los Angeles in regards to conservatorship. Britney Spears, last week, had her father and attorney appointed as a conservator. This was in the Los Angeles Superior Court and the process of filing for temporary conservatorship is a complicated and complex procedure. Our firm of Pinkerton, Doppelt & Associates, LLP can assist with the preparation of these pleadings and represent you if your relative is in the same position as Britney Spears.

A conservatorship can be of the person or of the estate. Conservatorship of the person is for making decisions regarding housing, medical care and others which are needed when a person is incapable of making these decisions for themselves. Conservatorship of the estate is for making financial decisions. In the case of Britney Spears, this means control of her entire financial empire as she has many assets and debts. Normally a bond is necessary for the conservatorship of the estate. For your convenience, a link has been placed to a company which issues bonds for San Diego, California.

In San Diego, California, there are only a limited number of courts in which a conservatorship action can be brought properly. It is essential to consult with an experienced and competent attorney as was done in the Brittany Spears case. If you have any questions regarding a conservatorship please call our office directly. Please feel free to e mail us as well