definition. In California, a conservative assistance when a person can not independently engage in financial matters or take care of themselves, so the other person appointed by the court to address these issues.
Since 1981, California's guardianship can be obtained only for those who have not reached 18 years of age. However, other states use the term "custody" for what is now called the California conservation.
terminology. Conservatory should establish the court. A person who needs help is called "conservative", and the person who receives the powers of financial, medical and / or other matters for a person who needs help with & # 39 is "conservative."
types of conservatories. There are two main types of conservatory: conservation and preservation of the human estate. Often one conservator performs both roles, but it should not be that way.
Man-conservative. Health Organizer guarantees that the conservator has the appropriate food, clothing, housing, health, social contacts and sources of satisfaction.
class conservative. Manor guard engaged in financial conservator.
Manor guard must use conservative money and other assets in order to maintain (and train if necessary) the conservative and any dependents who has.
If you receive an appropriate court order, a conservative can handle not only personal finance conservative, but also business issues.
Starting the process. Kanservatyv begins with the submission of documents to the court and Prabakovy of copies proposed by the Conservatives and his close relatives.
Obviously, this can be a painful process for the procurer, which requires to give up rights to manage their finances on their own make medical decisions, etc. But still sometimes kanservatyravanne inevitable.
investigative judgment. The examining magistrate must speak to the proposed conservator and other people who may know something about the situation.
hearing. Scheduled date of the hearing, and the judge at the hearing decides to be appointed conservator, and if so, who it will be.
If the proposed conservator is unable to attend for medical reasons, the proposed conservator must be present at the hearing because the judge wants to question them often.
Please note that someone else, usually a family member of the & # 39; and can argue the case or offer other conservatives.
Inventory and assessment. Within 90 days of the signing of the Order of the judge to appoint a conservator of the ban, the conservative must submit to the court a report that lists the assets, which retains a conservative.
More precisely, a conservative form of preparing an inventory and evaluation. If there are other means other than cash, shall transmit a conservative inventory and assessment of the judge, the testator, who is appointed by the court. The judge-assessor will assess the non-cash items, fill out an inventory and assessment by inserting the value of these items, and returns its conservative who shall submit it to the court. Ordinary judge usually takes four to six weeks to get back in shape.
With the estate charged for evaluation, usually 1/10 of 1% of the total value of the property with a conservative maximum fee of $ 10,000. In addition, the judge may recover expenses such as mileage.
investigating the case. Once created the Conservatory, the Court conducts periodic investigations to confirm that conservation is still needed and that the Conservatives are turning properly.
Bonds and periodic accounting. If conservative conservator to manage finances (which is usually the case), he must post a bond and periodically submit to the court a detailed report, which lists all income and expenses.
bond amount. The size of the bond depends on the assets that the owner of the store and its annual income, as well as on whether it is a professional company provides, which is engaged in communication (against family members & # 39; and or friends).
bond company. Note that most of the companies dealing in bonds, the bonds will not give, if a lawyer does not deal with stored procedures
Reports on the status of. Often conservative should also prepare periodic reports on the status, which tells you how to reach a conservative and making conservative in relation to his duties.
Cost. Usually by maintaining the income comes from profit guardian, or other assets.
Fees and compensation for conservative.
expenses. Typically, conservative is entitled to reimbursement of reasonable expenses incurred on behalf of producers, including the costs of creating the Conservatory, and sometimes money spent on the support of the conservative prior to conservation.
With the exception of fees for filing and court fees for bonds, the conservative must obtain court approval before receiving compensation from the estate of a conservator.
For conservatives it is very important to keep a record of all income and expenses (and compensation).
Conservatives are allowed to hire help as needed – for example, an accountant – as long as the costs are reasonable compared to the size of the conservative estates.
Conservatives usually can not get a refund for the mail, photocopies, mileage and cost of travel to court.
Compensation for time.
It is important that a conservative who wants to receive compensation for their time, kept detailed written information on the time spent in the conservatory, indicating the date, time and the work carried out on the basis of the opening.
Courts generally allow you to restore a family member & # 39; only the time spent on the management of the estate finances rather than any hour spent as a member of the family & # 39; and (for example, a visit to the conservative), or for a conservative man.
The courts can not afford compensation for time spent little time on financial issues or if the conservator is not performing judicial procedures, including the timely provision of reports.
Some courts constitute the charts, which sets out the compensation that can be obtained for a conservative time, most often a percentage of the estate conservationists.
Conservative may only apply to the court for compensation for the time after the two:
90 days after the registration of letters of preservation; and when the beginning inventory and assessment.
Power of attorney. Unfortunately, the process of obtaining and maintaining a conservative work the road, so we urge people to sign a power of attorney to determine who will take care of business when they become disabled. If the proposed conservator mentally competent, by far the best approach to the & # 39 is to give him a signing durable powers of attorney. There are two types of powers of attorney.
Durable power of attorney for finances. One type of power of attorney – a durable power of attorney in the field of finance, which means that people can deal with financial affairs grantadalnika (for example, to pay the bills) if subsident becomes inoperative.
Previous health care directive. The second type – durable power of attorney for health care. In California, it is now known as advance health care directive. It is designed to allow the designated agent of the grant to make decisions on health, if subsident not work.
agents. Often the wife (or partner) with & # 39; is the principal agent, and then adult children or friends with a & # 39 are the successors in case the primary (or subsequent) agent can not (because of disability, etc.) or unwilling to act.
medical Solutions. Often, when a person is in the hospital, the medical staff will allow family members & # 39; and to make medical decisions if they disagree. It is also possible to obtain court approval for certain medical procedures, but when on a regular basis is necessary powers, a conservatory can be more effective.
payee. Most government agencies allow another person ( "the representative of the payer") to receive checks for the recipient, and spend the money on behalf of the recipient. Each agency has its own application procedures and requirements. Many agencies require that a representative of the payer to provide them with periodic accounting.
community property. If one spouse becomes incapacitated, the other spouse can usually control the entire property of the company.
It does not help if it is necessary to take action in respect of any individual property a disabled spouse.
In addition, even with their own society, the husband / wife and capabilities may not be able to buy up Treasury bills, sell shares or to sell or obtain loans for real estate.
Again, the court may permit the husband / wife to perform a specific transaction, but it can be easier to get a conservative assistance if necessary powers.