Napa, CA asked in Family Law and Estate Planning for California

Q: Applying for successor limited conservator of my son with autism. Do I need to apply for conservator of his estate?

Do I need to apply for successor conservator of the person and estate?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the court can appoint a conservator of the person and/or estate of an individual who is unable to care for themselves or manage their finances due to a physical or mental incapacity.

If you are applying to become a successor limited conservator of your son with autism, you will need to determine whether you also need to apply to become conservator of his estate.

Conservatorship of the estate is only necessary if your son has assets or income that need to be managed for his benefit. This could include things like bank accounts, investments, real estate, and other valuable property.

If your son does have assets that need to be managed, you should apply to become his conservator of the estate. However, if he does not have any assets or income that require management, then you may not need to apply for conservator of the estate.

It's important to note that if you are appointed as a conservator of the person, you will have the authority to make decisions regarding your son's medical care, living arrangements, and other personal matters. If you are appointed as a conservator of the estate, you will have the authority to manage your son's financial affairs, such as paying bills and managing his income.

It's always a good idea to consult with an attorney who specializes in conservatorship matters to determine the specific requirements for your situation and ensure that you are fulfilling all necessary legal obligations.

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