Attorney Sheri Sudweeks presents on California conservatorships including discussion of Capacity, Dementia, Probate Conservator, Emergency Conservatorships, and Avoiding Conservatorships

1. Conservatorships 750 University Avenue Suite 140 Los Gatos, CA 95032 (408) 354-0200 www.css-lawfirm.com 1 Sheri Sudweeks, Esq.

2. What is a Conservatorship? A conservatorship is a protective court proceeding. Requires clear and convincing evidence. Judicially Supervised. Guardianship for minors. Sheri Sudweeks, Esq. 2

3. Types of Conservatorships Sheri Sudweeks, Esq. 3

4. How Conservatorships Get Started Concerned person (friend, family member, neighbor) notices that a person is having trouble taking care of their personal needs or managing their financial resources. Adult Protective Services is notified by a concerned person or a mandatory reporter that an individual is having trouble meeting their needs or someone has taken advantage of them. Sheri Sudweeks, Esq. 4

5. Conservatorship of the Person The conservator manages the personal care of the person who cannot provide properly for their personal needs, physical health, medical care, food, clothing, or shelter. The conservator decides where the conservatee lives, but must make sure it is the “least restrictive” necessary to meet the conservatee’s needs. Sheri Sudweeks, Esq. 5

6. Conservator of the Estate The conservator is appointed when an individual is unable to manage their own financial resources, resist fraud or undue influence. The conservator’s primary responsibility is to conserve, manage, and use the conservatee’s property for the conservatee. Sheri Sudweeks, Esq. 6

7. Capacity Must prove the conservatee has a deficit in one or more of the mental functions. Four Mental Functions Alertness and attention Information processing Thought processes Ability to modulate moods and effect (Must cause deficit in mental functioning, isolated incidents not enough) Sheri Sudweeks, Esq. 7

8. Dementia Powers Placement in a secured perimeter facility. The administration of medications appropriate to the care and treatment of dementia. Sheri Sudweeks, Esq. 8

9. Procedure Petition for Appointment of Probate Conservator (and all supporting documents) Capacity Declaration Court Investigator Counsel for Proposed Conservatee Bond Hearing Sheri Sudweeks, Esq. 9

10. Who should be Conservator? Nomination- Court gives priority Statutory Priority (when no nominee) -spouse, domestic partners, or their nominees -children or their nominees -parents or their nominees -siblings or their nominees Public Guardian Licensed Private Professional Fiduciary Sheri Sudweeks, Esq. 10

11. Emergency Situations Temporary Conservatorships Freezing Bank Accounts Temporary Restraining Order Appointing a Receiver Sheri Sudweeks, Esq. 11

12. Avoiding Conservatorships Trust with Successor Trustee Advance Health Care Directives Durable Powers of Attorney Constitutional Issues Sheri Sudweeks, Esq. 12

13. Special Circumstances without Conservatorship Petition to Authorize Medical Treatment – obtain authority to designate person to consent to medical treatment on the person’s behalf Petition for Single Community Property Transaction – when one spouse is incapacitated Sheri Sudweeks, Esq. 13