Conservatorships — General And Limited Guardianship Assistance
If a person close to you is struggling and unable to manage their medical affairs or finances, it may be time to seek legal assistance through a probate conservatorship or a limited conservatorship. Conservatorships are not one-size-fits-all. At The Probate House L.C. we have decades of experience in assisting individuals in assisting individuals in filing a petition for the right type of conservatorship — either a general conservatorship over the person and estate or a limited conservatorship — also depending on if there are estate planning documents in place.
Conservatorships Over The Person And Estate — For Vulnerable Adults
If your partner, relative, or friend has become vulnerable due to age, disability, or illness, or intellectual disability, you may need to consider a conservatorship. Once a conservatorship is established, and you are appointed as the conservator, you will have the rights to handle their medical affairs or financial resources depending on what the court determines is necessary.
Perhaps the most familiar of all adult protective proceedings is a probate conservatorship. It is available for a person who cannot care for his or her person or property. An interested person, such as the spouse of the proposed conservatee, or a domestic partner, or a relative or friend, or a state or local public entity can file a petition seeking his or her appointment. Many details have to be addressed, such as (1) whether a conservatorship is necessary for the protection of the proposed conservatee; and (2) who should be the conservator. We are prepared to help you evaluate the need of a conservatorship, the type of conservatorship and who is best suited under the circumstances.
Limited Conservatorships — For Adults With Developmental And/Or Intellectual Disabilities
Limited conservatorships are established so that the proposed conservatee can live as full a life as possible with less restrictions on his/her rights and are appropriate when an individual has developmental disabilities such as epilepsy, cerebral palsy, severe autism or intellectual disabilities. A petition is initiated by an interested person (usually a parent). Upon filing of the petition, the court will appoint a Court Appointed Attorney (CAC) for the proposed conservatee and the court Investigator will conduct an investigation concerning the appropriateness of the information provided in the petition, and the relief sought.
What is different in a limited conservatorship proceeding is the involvement of the “Regional Center”, who is entitled to notice of the petition and is required to assess the proposed conservatee and submit a confidential written report of the findings and recommendations to the Court. Limited conservatorships are established so that the proposed conservatee can live as full a life as possible with less restrictions on his or her rights.
Conservatorships Under The Welfare & Institution Code Are Complicated
Broadly speaking, mental health conservatorships, also known as LPS conservatorships, are available for adults who are vulnerable due to a mental illness, such as schizophrenia or manic depression, and who are considered a danger to themselves or others. LPS conservatorship (named afer the Lanterman-Petris-Short (LPS) Act) petitions are initiated by the County Counsel of the county in which the proceeding takes place (often filed in connection with a person who is on a 72-hour temporary mental heath “hold”). The individual in charge of the facility in which the individual is held most likely recommends to the county conservatorship investigator that a conservatorship is necessary. Please be aware that the County Investigator is the only person who is authorized to file an LPS conservatorship petition.
We Can Help
Our attorneys are available to advise on the type and scope of conservatorship that is needed – “General over the Person and/or Estate”, or “Limited”, or other estate planning strategies that may be available for your unique situation. The legal processes surrounding conservatorships are time‑consuming; therefore it is important to contact our office promptly to avoid lengthy legal processes.
Guardianships For Dependent Minors
Legal guardianships are established for children under the age of 18 who are in need of assistance with their personal or financial affairs. We can help you establish guardianship in a timely manner to ensure appropriate protection for the child. As the guardian, you are appointed by the court to oversee education, health care, housing, and financial support for the child.
Contact Us For A Personal Consultation
Our attorneys have decades of experience providing assistance with conservatorships and guardianships. Call our office in Torrance, California, today to schedule a personal consultation with one of our lawyers at 424-452-2375, or fill out our online contact form.