Law

What Comes After When The Conservatee Dies?

A conservatorship proceeds until ended by the demise of the conservatee or by court arrange.  Therefore, it terminates by operation of law upon the conservatee’s death.

After the Conservatee Dies, How Does the Conservatorship Ends After?

Permanent conservatorship was avoided by the courts and conservatorship attorneys because it suggests that the conservatee will never regain their independence. Therefore, upon the conservatee’s death, a conservatorship terminates by the operation of the law. The conservator will continue to have the duty of custody and conservation of the estate after the death of the conservatee pending the delivery thereof to the personal representative of the conservatee’s estate or other disposition according to law, according to the California Probate Code 2467.

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Is the Final Counting Really Required?

The final accounting of the conservator or of the guardian following the death of the ward or conservatee shall include a court accounting for the period that ended on the date of death and a different representing the period ensuing to the date of death. The California Rule of Court states that the conservator of the estate whose administration is terminated by operation of law or by court order must file and obtain the court’s permission of a last account of the administration.  After the death of the conservatee, the court will then continue to have jurisdiction over the conservatorship for the purposes of settling the accounts of the guardian or conservator or for any other purpose incident to the enforcement of the judgments and orders of the court upon such accounts or upon the termination of the relationship which that is according to the California Probate Code 2630.

Can the Final Accounting Be Abandon?

According to California Conservatorship Practice or CEB, there is no express statutory authority exists in regards to the waiver of final accounting. There appears no reason that one should be required if the interested persons have the capacity and do not want to incur the expense and delay of an accounting. The fundamental fiduciary standards keep that person from utilizing the situation of individual delegate for his or her own advantage by assuaging his or her commitment to account as a conservator if the person serving as personal representative was also the conservator. The court may allow a waiver of the conservatorship accounting only if the waiver is also executed by the beneficiaries of the former conservatee’s estate if the personal representative and the conservator are the same people.