Background
Definition . In California, other people are appointed by the court to handle these problems, as conservatory which can not deal with financial problems or can not take care physically is used.
In California, since 1981, you can obtain a guardian's card for those under the age of 18. However, in other states, we now use the term "guardianship right" for what California states as conservatives.
the term . Conservation must be established by the court. People who need help are called "maintainers" and those who are authorized to deal with finances, medical care and / or other matters for those who need help are "maintainers".
Types of conservators . There are basically two types of conservatives. One of them is conservative, and the other is conservative. In many cases, one maintainer fulfills both roles, but you do not have to do so.
Person maintainer . Public health nurses will definitely provide the maintainers with appropriate food, clothing, shelter, medical care, social contact, fun sources.
Real estate conservator . Real estate conservationists will handle the finances of the protected areas.
Maintainers of real estate must use conservative money and other assets to support (and if appropriate educate) dependents and conservatives' dependent dependents.
If an appropriate court order is obtained, the consultant can handle not only the personal finances of the saved person but also the business problem.
process
Start process . Conservation is initiated by submitting the documents to the testamentary court and submitting a copy to the proposed conservative and its relatives.
Obviously, this could be a painful process for parents who are waiting for financial management rights and being asked to make their own medical judgment. But sometimes conservatives are inevitable.
judge . A court investigator must speak with other people who may know something about the proposed conservatives and circumstances.
hearing . The schedule of the hearing is scheduled, and at the hearing, the judge decides whether conservatives are appointed and decides who is it, if any.
Unless the proposed conservatives are unable to attend for medical reasons, the proposed conservatives must attend a hearing as the judges often want to ask them.
Please note that someone else (usually a family member) may challenge the procedure or propose another conservator.
Inventory and valuation . Within 90 days from the date when the judge signed the defendant sheriff defendant protected defendant, the guardian shall submit a report to the court stating the asset owned by conservatives.
More specifically, the conservator prepares inventory and evaluation forms. If there are non-cash assets, the conservative shall transfer the inventory and appraisal to the prosecutor's judge appointed by the court. The prosecution trial evaluates non-cash items, inserts the value of the item, completes inventory and evaluation, and returns it to the conservator who must submit it to the court. The test usually takes 4 to 6 weeks to return the form.
Real estate costs an examination fee, but generally 1 / 10th of 1% of real estate real estate total, the maximum fee is $ 10,000. Censorship referee can also collect expenses such as mileage.
Court investigation . Once a conservator is in place, the court will conduct a periodic survey to confirm that a conservative is still needed and that the maintenance person is being handled properly.
Bonds and periodic accounting . If the conservator is processing preserved financing (which is usually the case), the conservator must post the bond and periodically submit a detailed account to the court listing all income and expenses Must.
Amount of bond . The amount of the bond depends not only on the assets held by the owner and the pension income, but also on whether the professional bonding company (in comparison with family and friends) is offering bonds.
Bonding companies . Please note that most bonding companies do not issue bonds without the lawyers handling the court proceedings
Status report on Conservatee . Conservation officers need to periodically generate a status report on how preservee operates and the duties of consultants.
cost. Usually, the cost of conservation arises from the income of conservation or other assets.
Conservator fee and refund .
Expense . Typically, a conservator is entitled to a refund of reasonable expenses that take place on behalf of Concave, including expenses to establish a conservator and money to support conservation prior to conservation.
With the exception of fees and premiums for trial proceedings against claims, conservationists need to obtain the approval of the court before being refunded from the conservative property.
It is important that the conservator keeps receipts and records of all expenses (and refunds).
As long as the cost is reasonable as compared with the size of the property of the consultant, the consultant can hire help if necessary (such as an accountant).
Normally, a conservator can not refund postage, copying, mileage, or trip costs to court.
Time reward .
A conservator seeking compensation for time is important to keep a detailed record of the time spent on conservation and to indicate the work done on a date, time, and entry.
The court can usually collect only the time the family spends in managing his property. There is also no time to spend on activities as family members (such as parents' visits) or activities as human maintainers.
The court may not allow compensation for time if you do not spend most of your time on financial problems or if the consultant is not in compliance with trial proceedings including timely accounting.
Several courts have a schedule that lists the compensation that the conservation agent received at their own time.
The conservatives can make a request for compensation to the court after the latter half of both parties.
90 days after the conservative letter was issued. When inventory and evaluation are submitted.
Alternative proposal
power of attorney. Unfortunately, the process of acquiring and maintaining conservatives is expensive. Therefore, if you become incompetent, you are strongly urging you to sign a power of attorney who designs who will be in charge. If the proposed conservatives are mentally competent people, the best way is to be able to endure attorneys. Lawyers have two types of authority.
Attorney's endurance for finances . One of the capabilities of a lawyer is the attorney of a lawyer for financing and specifies which persons can handle the concessor's financials (payment of documents, etc.) in the event that the assignee becomes incompetent I will.
Advance Health Care Directive . Other types are durable power of attorney for health care. In California, this is now known as advanced medical guidance. This is designed to allow the transferee design agency to make healthcare decisions if the transferee is unable to demonstrate its capabilities.
Agent . In many cases, the spouse (or partner) is the principal agent and an adult child or friend does not want the primary (or subsidiary) agent to be incapable (for reasons such as lack of capacity) or to act It is the successor agent in case.
Medical decision . In many cases, if a person loses his / her ability, the doctor can make a doctor's decision if the whole family has reached an agreement. Although it is possible to obtain the court's approval for a specific medical procedure, conservatives may be more effective if permission is required on an ongoing basis.
Representative . Most administrative agencies will allow another person (the "representative") to receive the beneficiary's check and pay the recipient. Each agency has its own application procedure and requirement. Many agencies require that representative payees be provided with periodic accounting treatment.
Community properties . If one spouse becomes disabled, the other spouse usually can manage all the community property that he owns.
This will be useless if you need to take measures on a separate property owned by an inadequate spouse.
Even a community property, a spouse with property may not be able to divert bills from the Treasury Department, sell stocks, or buy and sell loans to real estate.
Again, it is possible to grant suspects specific transactions to the court, but it may be easier to obtain a conservative person if continuous authority is required.
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