| Alan R. Horvath, Attorney at Law |
| Conservatorship Standards |
Conservator of the Person -
Will be created IF the proposed conservatee is "unable to provide properly for his or her personal needs for physical
health, food, clothing, or shelter". The issue here is whether or not the person is safe without the conservatorship.
The proposed conservatee need not be able to provide for himself by himself. In other words, a person can avoid or
delay the necessity of a conservatorship by arranging to have assistance provided them.
Conservator of the Estate -
Will be created IF the proposed conservatee is "substantially unable to manage his or her own financial resources or
resist fraud or undue influence".
Not the Same as Loss of Legal Capacity -
Legal capacity is the capacity to enter into a contract. The standard is contract specific and requires that you
understand the bargain you are making and its significance to you, and that you be able to negotiate effectively for
your own interest. It is entirely possible to lack legal capacity yet still be able to get along safely on your own.
Will be created IF the proposed conservatee is "unable to provide properly for his or her personal needs for physical
health, food, clothing, or shelter". The issue here is whether or not the person is safe without the conservatorship.
The proposed conservatee need not be able to provide for himself by himself. In other words, a person can avoid or
delay the necessity of a conservatorship by arranging to have assistance provided them.
Conservator of the Estate -
Will be created IF the proposed conservatee is "substantially unable to manage his or her own financial resources or
resist fraud or undue influence".
Not the Same as Loss of Legal Capacity -
Legal capacity is the capacity to enter into a contract. The standard is contract specific and requires that you
understand the bargain you are making and its significance to you, and that you be able to negotiate effectively for
your own interest. It is entirely possible to lack legal capacity yet still be able to get along safely on your own.
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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 |