In a previous article we provide an overview of two different types of conservatorships, which are in California. The current article examines possible alternatives to the need to create a conservatorship.

If a senior is mentally incompetent and unable to ensure their own financial affairs, then someone else has the power to perform this task. If no power of attorney for financial matters, there is then the court in a conservatorship proceedings, appoint someone to this office. Such a conservatorship over the estate is a long and sometimes costly process.

A power of attorney for financial management, the need to establish a conservatorship over an elderly's Estate. If the elderly have sufficient mental capacity to execute such a document, then their appointed representatives have the authority, without asking the court for permission.

Such powers have called a "license to steal" and must only be used to protect the financial well-being of elderly.

Likewise, a valid power of attorney for health care decision-making (as in California Advance Health Care Directive) is an alternative to have a conservatorship over the person. If an elderly incapacitated and unable to make medical decisions in clay, then this power of attorney granted to representatives of the authority to do so. Also no court action is required.

A revocable trust is also part of the available alternatives to a conservatorship. The older of the assets that are owned by the trust may be made by a successor trustee - a person from the older to be careful to manage trust assets when the older is mentally or physically disabled.

If these documents were properly prepared, prior to the earlier disability, then they should serve the need for judicial intervention. However, problems arise when loved ones attempt, the oldest such documents, when their mental faculties are in question.

In Riverside and other counties in California, for example, legal mental capacity is determined by Probate Code section 811th This law serves to identify the relevant areas of mental functions that are performed by a qualified psychologist or psychiatrist. In assessing the mental abilities of older people in this section, a bad performance in one of those areas is not enough to put a provision that the elderly are not the intellectual abilities in a particular case. The real question is whether the elderly poor performance provided him or her unable to understand that the attorney was the granting of its representatives the authority to financial or healthcare decisions.

If the mental abilities of older people is in question at the time of the powers (or trust) have been executed, then the documents, the validity will be questioned.

Also powers of financial management and health care decision-making, with a revocable trust can often be considered as alternatives for the creation of a conservatorship of the person or entity. A qualified lawyer earlier right can help in creating these documents, the mental abilities of older people is intact.

George F. Dickerman is an older law attorney in Riverside County, California, practicing law for 24 years. To learn more about the older law, including alternatives to conservatorship, and to subscribe to a free newsletter, which provide valuable information about how the members of your family or friends, please visit the http://www.elder-law -advocate.com / conservatorships / elder law, conservatorships