Jump to content

Are probate & general conservatorships the same?


Recommended Posts

This is for my informative speech and I'm still confused about the difference with conservatorships in general and a probate conservatorship

According to here https://trustandwill.com/learn/what-is-conservatorship:

"Probate Conservatorship is another term for Conservatorship over an adult. There are two types of Conservator that could fall under Probate Conservatorship. 

Conservator of the Person establishes authority for a Conservatee to protect a person should he or she be unable to protect themself.

Conservator of the Estate allows a Conservator to make financial decisions for a Conservatee. "

 

Does that mean a probate conservatorship is synonymous with a general conservatorship then? So throughout my speech do I refer to Britney's as specifically a probate conservatorship? Do I be like "Britney is under a probate conservatorship and under which Jodi the conservator of her as a person and Jamie for her estate"

The financial aspect is the same for a General and Financial Conservatorship correct?

^Also is lack of financial decisions the same as lack of autonomy? Because in my speech I'm splitting them as two main points. For example would Britney being forced to take lithium, have an IUD, certain medications, etc. fall within "Conservator of a Person"?

Also Brit's under a supposed to be temporary conservatorship right? 

Link to comment

In California I believe there are two types of conservatorships:

There are mental health conservatorships and there are probate conservatorships...

Britney is in a Probate conservatorship. Within a probate conservatorship there are two kinds: one over the person and one over the estate. These different types of conservatorships within a probate conservatorship can happen congruently like in Britney's case or someone can just have a conservatorship over the person or just have an estate  conservatorship.

 

This is just for california...in most other states its called adult guardianship and most states don't have the separation between mental health and probate guardianship...but again every state is different...

  • Love 1
  • Like 1
Link to comment
8 minutes ago, B. Leigh said:

Also just wanted to add that Jamie is currently the conservator of her estate and Jodi is the temporary conservator of her person...

Is there a chronological order of the roles split for estate and person? Like for example from Andrew to Bessemer, etc. including temporary, step-downs, etc.

Link to comment
1 hour ago, IAmJustAKnee said:

Is there a chronological order of the roles split for estate and person? Like for example from Andrew to Bessemer, etc. including temporary, step-downs, etc.

I believe in the beginning Jamie was her conservator of the person and was the co-conservator of the estate with Andrew Wallet.

Andrew wallet stepped down in 2019 making Jamie the conservator of the person and estate

A few months later in September of 2019 Jamie stepped down temporarily as conservator of the person and Jodi Montgomery took his place as temporary conservator of the person while Jamie remained conservator of the estate

In November of 2020 Bessemer was approved to be co-conservator of the estate with Jamie but the paperwork wasn't put forward until the hearing Britney spoke and when she did they backed out (meaning Bessemer while approved to be co-conservator of the estate never actually served as co-conservator of the estate) leaving Jamie to remain the sole conservator of the estate.

  • Love 1
Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

We noticed you're using an ad blocker  :badthoughts_gun_kris_genner_thinking_debating:

Thanks for visiting Exhale! Your support is greatly appreciated 💜  

Exhale survives through advertising revenue. Please, disable your ad block extension to help us and continue browsing Exhale. 🙏

I've disabled ad block