Conservatorships are legal arrangements in which a court appoints a responsible person or organization to care for an individual who cannot care for themselves. The conservator is responsible for managing the conservatee’s financial and personal affairs, making decisions on their behalf, and ensuring their needs are met. However, there are situations where a conservatorship in California may need to be blocked or terminated.
Blockage of conservatorship
A conservatorship can be blocked if someone challenges it in court before it is established. If a proposed conservatee disagrees with the need for a conservatorship, they can request a hearing to challenge the conservatorship petition.
Another way to block a conservatorship is if a legal document already outlines the individual’s wishes for their care, such as a durable power of attorney for healthcare or a living will stating that they do not want a conservator appointed. The court will consider these documents and may decide that a conservatorship is unnecessary.
Termination of conservatorship
A conservatorship can also be terminated if the conservatee’s condition improves, or if the reason for the conservatorship no longer exists. If the conservatee can demonstrate that they can make decisions for themselves and effectively manage their affairs, the court may grant a termination.
Furthermore, if there is evidence that the conservator is not acting in the conservatee’s best interests, the court may terminate the conservatorship. The conservator has a fiduciary duty to act in the best interests of the conservatee, and failing to do so may cause the court to remove them and terminate the conservatorship.
Finally, conservatorships can also be terminated in the unfortunate event that the conservatee passes away. At that point, the conservator’s duties end, and the conservatee’s estate will be distributed according to their wishes or by state law if other estate planning provisions do not exist.
Protecting your rights
Conservatorships can be blocked or terminated in certain circumstances. It can be an arduous task for the conservatee to contest the situation. However, it may be vital to their needs to pursue protecting their rights in court. In some cases, it may also be necessary for third parties to act on behalf of the conservatee if it is apparent that their needs are not being met.