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Designation Of A Conservator

Who Can Serve As Conservator Of The Estate?

The Probate Code has a priority list for choosing a conservator. Preference is given to individuals with relationships to the conserved party in the following order:

  • Spouse
  • Adult child
  • Parent
  • Sibling
  • Any other legally permissible individual
  • Public Guardian

If the individual in the most preferred position chooses not to serve as conservator, he or she can nominate someone else.

What If No Family Members Are Qualified To Be A Conservator?

A private professional fiduciary may be hired to serve as conservator. Private fiduciaries are licensed by the Professional Fiduciaries Bureau of the California Department of Consumer Affairs. They are required to have training, pass an examination, and obtain continuing education each year.

What If The Person Needing Help Doesn’t Have The Funds To Hire A Conservator?

If a person needing to be conserved cannot pay fees and there is no family friend or relative able to help, the Office of Public Guardian may be able to help. They have experienced personal conservators and property administrators who serve, with fees usually based on a person’s ability to pay.

I Might Be Willing To Serve As Conservator, But I’m Not Sure

Serving as a conservator is a major responsibility, and one which should not be entered into lightly. If you’re considering serving in the role of conservator, contact us to discuss the pros and cons of performing this service for a loved one.

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