Recent Conservatorship Process
from: Attorney Frank J. Piro
The process: First, create a trust, durable health care power of attorney and durable power of attorney, both of which only automatically take effect if the mom or dad lack capacity.
Within both, it does nto hurt to do so, nominate a conservator of the mom or dad's person and estate.
With these forms, you do not necessarily need a conservatorship. However, kids, being kids, will seek to take what they can. So, it can not hurt for mom or dad to let the family know who they wish to take care of their person and estate viz-a-viz a conservatorship. The conservatorship, in addition to these forms, is like the final word.
So, if it because necessary to establish a conservatorship, and mom and dad have a trust, then you may need only a conservatorship of the person, even though, there is in existence a durable power of health care and Durable Power of Attorney.
Why, . . . well, this is a case I have currently. There is a trust and a DPA and a DPH. So, whats the problem.
Son, who is not getting anything from the trust, now has dad in his possession. Son, took dad to AAA and AAA alowed dad to sign over car to son, implying that dad has capacity, he does not. Doctor declarations regarding the trust state he does not have contractual capacity, even though dad signaturer was nothing more than a straight line.
Son, could very well try to have dad amend the trust. Arguably, this would not work, even in light of the fiascoe at AAA. But it takes time and money to prove that. Why deal with that when you can just go in and settle the matter w/ the daughter who dad wants to leave his estate, obtains a conservatorship of dad's person w/orders not allowing for any change of dad's estate plans without a court order.
Yes, it cost money. But in the long run, less money if the family did not do anything and then tries to get the house back.
Hope this helps.
Now, I can provide a play by play description as to how to obtain a conservatorship, person only or person and estate.
Its pretty straight forward. My fee for person only is $1,7500. 00 plus cost, my fee for estate and person is $2,500.00 plus cost.
Both are presented as being uncontested.
Costs are currently, $435.00 filing fee and $607.00 probate investigator fee, unless dad or mom are on SSI, then no fees.