What is Conservatorship?

A lengthy, legal, mandated court process for anyone who becomes either temporarily or permanently incapacitated, mentally – or – physically, who no longer can handle their own legal matters, safely manage their financial assets, or responsibly take care of personal matters. A Probate Judge will decide who your conservator will be if you don’t have a General Durable Power of Attorney document.

Critical Importance of Durable Powers of Attorney (Health and Finance)

Definition

A General Durable Power of Attorney legal document authorizes a qualified and trusted person that you have chosen to handle your legal matters, your financial assets and take care of all your personal affairs, if and when you become incapacitated to a point where you can’t handle them.  These chosen people are those who you would entrust your wallet or your purse to, in your time of need.

The selection of these people for yourself is critically important, how close do they live, how trustworthy are they, and, will they accept this position of accountability and responsibility on your behalf.

Main Purposes of having a General Durable Power of Attorney Document:

Here's how to avoid the Probate process called "Conservatorship" - OR - "Living Probate."

Avoid having a Court Appointed Legal Guardian – who’s a total stranger.

Provide flexibility to the named Spouse / Partner if incapacitation occurs.

Have an alternate Power of Attorney should both spouses become unable to act.

Living Will

A Living Will or "Advanced Health Care Directive to Physicians, with H.I.P.A.A. and C.M.I.A. Language" is a necessary California State specific document you need, to instruct family, loved ones, and any / all health care professionals and providers, of what your wishes really are, concerning your medical treatments, surgeries, medications, therapies, resuscitation efforts and artificial life support measures, given your quality of life and prognosis.  This document also declares the names of people you choose to exclusively access your medical and insurance records, and past / present hospital records.  This document affords you guaranteed privacy regarding your medical history, your physical conditions and your very private last wishes of life support desires, organ donation choices, and specific qualifications or exceptions to your personal decisions in all these areas.

Reasons to have a Health Care Power of Attorney

A person of your own choosing will handle your on-going health and health care needs if you cannot accept or refuse health care procedures, treatments, medications, various forms of therapy, surgeries, and financial affairs, if necessary.  This is usually a spouse, loved one, partner, or children if they are of legal age, and qualified to understand the medical / hospital health care process.

This document enables you to keep your medical affairs and very personal medical information within the “family” and out of public records of the courts.  The very people you love and trust will be those who help you in these matters.