| Alan R. Horvath, Attorney at Law |
| Is a Conservatorship Called For? |
A conserved person loses the right to make legally binding agreements for himself, and loses the right to choose his
own living arrangements. Because a conservatorship is a serious loss of individual rights, the court prefers a less
onerous solution if possible.
If a person has created a valid durable power of attorney while they had legal capacity, the fiduciary requirements
placed on the agent by such a document may well be sufficient to avoid the need for a conservatorship.
However, assuming that the legal standards have been met, a conservatorship will be appropriate if no power of
attorney is in place, or if the person needs to be protected from their own actions even if a power of attorney is in
place.
own living arrangements. Because a conservatorship is a serious loss of individual rights, the court prefers a less
onerous solution if possible.
If a person has created a valid durable power of attorney while they had legal capacity, the fiduciary requirements
placed on the agent by such a document may well be sufficient to avoid the need for a conservatorship.
However, assuming that the legal standards have been met, a conservatorship will be appropriate if no power of
attorney is in place, or if the person needs to be protected from their own actions even if a power of attorney is in
place.
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P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |