Who Will Be Nominated as My Conservator in Court if I Do Not Have a Spouse?

Conservators are individuals who are granted court-ordered authority to manage your financial and medical affairs should you not be able to make your own decisions anymore.

If you are married, you will likely have your spouse appointed as your conservator. You can see how that works by clicking here. If you are single, widowed, or divorced, the analysis is different. 

Let’s say you develop Alzheimer’s or dementia. Statistics show you will usually need 2-3 years of long term care if you develop Alzheimer’s or dementia. 

As you know, nursing home costs are rising through the roof, and you can expect to pay about $100,000 a year, depending on where you live. Are you in Los Angeles, California, or Beverly Hills? The cost may be significantly higher. 

As an example, nursing home costs in Beverly Hills are as follows. Per day costs for nursing home care can cost $500  per day. This equates to an average of about $182,000 annually. 

In another blog, I described the different options you have to pay for long-term care. This blog article focuses on how the Court chooses a Conservator for a single individual. 

Don’t let improper estate planning leave you in the hands of an unknown conservator. Discover how you can be prepared by signing up for a strategy session today.

Since a person under a conservatorship is usually incapacitated to some degree, they usually cannot be in charge of themselves anymore in terms of finances, activities of daily living, bathing, showering, or whether it’s going to the bank to write and cash-out checks.  

A Conservator is a person in charge over the Conservatee. You’re basically putting yourself in the shoes of somebody else. 

Any person can petition to be your Conservator. The Court will consider their petition, whether they have the right by law to be the Conservator because the Court wants to know why they don’t believe the person who has the right by law is unfit to act as Conservator. This is a serious position. You are taking away somebody’s own rights to be in charge of themselves. 

Being a Conservator has its perks. You get paid a nice fee, for one. You also have control over your parents. You usually get to control where they live and what doctor they are seeing. 

If you have children, they will all be under “equal” footing under the law. That means that your deadbeat child has the same standing under the law as your golden child. This is definitely a situation you want to avoid because the court will consider all evidence by both children — and it will get ugly fast. 

What usually happens when children are fighting to be your Conservator, is that the Court will choose a 3rd party neutral Professional Conservator. 

That person is now in charge of all of the affairs. This person usually does not know your family and therefore not understand the nuances in the family affairs. 

Don’t let improper estate planning leave you in the hands of an unknown conservator. Discover how you can be prepared by signing up for a strategy session today.