Many California residents need help taking care of themselves and their affairs due to some form of incapacity. If you agreed to act on behalf of a loved one who cannot do so for him or herself, you may consider going to court in order to establish a conservatorship. Before doing so, it may help to understand what duties are required in conservatorships.
Since you will be acting on behalf of the incapacitated person, also called the ward, one of the first duties may be to determine what assets the ward has. Once that information is gathered, you will need to determine what to do with those assets. Should you keep them, sell them or purchase other assets that would better serve the ward?
As part of this process, it may become clear that you need to make some decisions regarding the living arrangements and conditions of your loved one. Depending on the level of care needed, it may be necessary to find an assisted living center or nursing home that could provide the appropriate care. You will also be responsible for protecting and investing (if appropriate) the ward’s assets. With that comes the need to pay bills and file tax returns on the ward’s behalf. You will also periodically file reports with the court and obtain permission to perform certain actions.
Without the appropriate assistance, many California residents appointed under conservatorships to care for a ward get into trouble. It may not seem difficult to perform the above duties, but you may want to remember that you are under the scrutiny of the court. You will need to substantiate your actions and ensure that you make decisions that benefit the ward not only in your eyes, but in the court’s eyes as well. To improve your chances of providing the best care possible, it may help to work with an attorney who can provide you with answers to your questions, advice when needed and assistance in complying with the court’s requirements.
Source: thebalance.com, “Responsibilities of Guardians or Conservators”, Julie Garber, Accessed on Dec. 24, 2017