QUESTION
My first cousin, 70 yrs old, suffered an accident that has left her brain damaged and her medical team has deemed her as having lost her capacity.
Asked on Mar 27th, 2016 on Elder Law - California
More details to this question:
My 90 year old father is her next of kin an healthcare POA. He wants me to be his proxy as I am closer and he may pass away prior to her being released (if ever) from her incapacitation. She is uncooperative with reparative TBI treatment. Her medical and legal team is suggesting she have a conservator. Is it best to go through probate or mental capacity (5150) conservatorship in this instance. Her estate is quite large.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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If she has an existing estate plan, then it should name a conservator and a successor conservator for her in the event that one is required. There are two types of conservatorships: of the person (health matters) and of the estate (financial matters). The same person can be the conservator of the person and of the estate. A petition for conservatorship is filed in the probate court where she resides.
Answered on Mar 27th, 2016 at 9:08 PM