Frequently Asked Questions (FAQs)
Alternatives to Conservatorships and Guardianships
If my mother can no longer manage her assets or care for herself, are there any alternatives to a conservatorship?
Generally yes, if your mother has previously executed a complete estate plan.
If my father has early Alzheimer’s disease, but has not executed an estate plan, is it too late to avoid a conservatorship?
Probably not as long as he still has capacity and is willing to sign the necessary documents.
Are there alternatives to a conservatorship to care for an ailing spouse?
Yes. First, of course, many assets, such as bank accounts, are held in joint tenancy.
What if my spouse cannot no longer act and has not executed a power of attorney?
Court involvement may be necessary, but not necessarily the appointment of a conservator.
I just learned that my 10-year-old is entitled to receive the proceeds of a life insurance policy. Will I need to file to become guardian of his estate?
Not necessarily. A judge can, in lieu of requiring a guardianship, order that the funds be deposited in a blocked account...
- Living Trust
- Living Trusts and Probate
- Funding a Living Trust
- Bank Accounts
- Powers of Attorney
- Conservatorships and Guardianships
- Alternatives to Conservatorships and Guardianships
- Medicare and Medi-Cal (Medicaid)
- Disqualified Beneficiaries
- Joint tenancy, Community Property, Domestic Partnerships