Conservatorships

The Probate House L.C.

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Conservatorship Attorney in Torrance, CA

When a loved one is no longer able to make decisions about their health, finances, or daily care due to illness, injury, or cognitive decline, establishing a conservatorship may be necessary. At The Probate House L.C., our experienced conservatorship attorneys serve families throughout Torrance and the greater South Bay area, providing compassionate legal guidance through these complex proceedings. We are committed to protecting your loved one’s best interests while helping you navigate this challenging process with confidence. Book a consultation with a Torrance conservatorship attorney here.

What is a conservatorship

A conservatorship is a court-appointed legal arrangement where a responsible individual, known as the conservator, manages the personal or financial affairs of someone unable to do so themselves, referred to as the conservatee. Conservatorships are often required for adults who face conditions such as dementia, Alzheimer’s, brain injuries, or other impairments that limit their decision-making abilities. Conservatorships can also extend to overseeing financial matters or personal care decisions.

At The Probate House L.C., our attorneys have extensive experience handling conservatorship and guardianship cases for families in Torrance and surrounding areas. Whether you're caring for an aging parent, a disabled adult child, or a minor in need, we’re here to help you secure the legal protections they deserve.

Conservator vs Power of Attorney

While both a conservator and a power of attorney are responsible for managing someone else’s affairs, there are important differences. A conservator is appointed by the court, while a power of attorney is voluntarily granted by the individual. A conservatorship is often necessary when the person is incapacitated and can no longer make decisions or grant a power of attorney. Our attorneys can help you determine which option is most appropriate for your situation.

Types of Conservatorships in California

At The Probate House L.C., we help families establish the appropriate type of conservatorship needed for their situation:

  • Conservatorship of the Person

    This type of conservatorship allows the conservator to make decisions regarding the conservatee’s personal care, including medical treatment, living arrangements, and daily necessities. The conservator ensures the conservatee’s physical and emotional well-being by overseeing healthcare, diet, and social services while maintaining their dignity and quality of life.

  • Conservatorship of the Estate

    A conservator of the estate is responsible for managing the conservatee’s finances, including paying bills, managing assets, filing taxes, and making financial decisions. This type of conservatorship prevents financial abuse or mismanagement, ensuring the conservatee’s resources are used appropriately for their benefit.

  • Limited Conservatorships

    Limited conservatorships are designed for adults with developmental disabilities who retain some decision-making capacity. These arrangements provide necessary support in specific areas, such as healthcare or finances, while preserving as much independence as possible.

Emergency conservatorship

An emergency conservatorship may be required when immediate action is needed to protect someone from harm or prevent financial exploitation. This type of conservatorship is temporary and allows the conservator to make urgent decisions until a permanent arrangement can be made. Emergency conservatorships are often used in situations involving sudden incapacity or safety risks. We help families file for emergency conservatorships quickly to safeguard their loved ones in critical situations.

Mental Health Conservatorships in California (LPS Conservatorships)

Conservatorships under the Welfare & Institutions Code, also known as mental health conservatorships or LPS conservatorships, are designed for adults who are vulnerable due to a mental illness, such as schizophrenia or manic depression, and are considered a danger to themselves or others. These conservatorships are governed by the Lanterman-Petris-Short (LPS) Act and must be initiated by designated mental health professionals.

How LPS Conservatorships Work

LPS conservatorships are typically initiated after an individual undergoes a 72-hour temporary mental health “hold.” The facility's administrator may recommend to the county conservatorship investigator that a conservatorship is necessary. The County Counsel then files the petition, and the Public Guardian's office manages the process. It's important to note that only psychiatrists or designated mental health professionals can initiate an LPS conservatorship in California.

The Role of Conservatorship Attorneys in Torrance

Our attorneys can guide you through the process of determining the right type of conservatorship for your loved one, whether it’s “Temporary and/or General,” “Limited,” or an LPS conservatorship. We also explore alternative estate planning strategies when appropriate. Since conservatorship processes can be time-consuming, we encourage you to contact our office promptly to avoid unnecessary delays.

The Conservatorship Process in Torrance

Establishing a conservatorship is a detailed legal process with strict requirements. Our conservatorship attorneys in Torrance will guide you through every step, ensuring you meet all procedural and legal obligations:

  • Step 1: Assessment and Petition Filing

    We begin by evaluating whether a conservatorship is the best option or if less restrictive alternatives, such as powers of attorney, may suffice. If a conservatorship is necessary, we prepare and file a comprehensive petition supported by medical evidence to demonstrate the conservatee’s incapacity.

  • Step 2: Court Investigation and Evaluation

    The court appoints an investigator to independently assess the situation, interview the involved parties, and provide a recommendation. We prepare you for this process and ensure all required documentation is in order.

  • Step 3: Notification of Interested Parties

    California law requires that family members, the proposed conservatee, and other interested parties are notified of the proceedings. We handle all notice requirements to avoid delays or disputes.

  • Step 4: Court Hearing and Appointment

    At the court hearing, we present evidence to support the conservatorship request and advocate for your loved one’s protection. Upon approval, the court issues Letters of Conservatorship, granting the conservator legal authority to act on behalf of the conservatee.

Guardianship Services for Minors in Torrance

When parents are unable to care for their children due to incapacity, death, or other circumstances, guardianship may be necessary to protect the child’s welfare. Our guardianship attorneys help suitable individuals, such as relatives or close family friends, obtain legal authority to make decisions for minors in need.

We guide you through each step of the guardianship process, from demonstrating that the arrangement serves the child’s best interests to handling home studies, background checks, and court appearances. We ensure the child’s needs are prioritized and their voice is heard in an age-appropriate manner.

Alternatives to Conservatorship

Before pursuing a conservatorship, we explore less restrictive alternatives that may provide the necessary protection while preserving independence, including:

  • Powers of Attorney

    Grant authority to a trusted individual to make financial or healthcare decisions.

  • Healthcare Directives

    Specify medical treatment preferences and designate decision-makers.

  • Living Trusts

    Protect and manage assets while providing for the individual’s care.

  • Supported Decision-Making

    Offer assistance with decision-making without removing legal rights.

Why Choose The Probate House L.C. in Torrance For Conservatorships?

With decades of combined experience in probate and conservatorship law, The Probate House L.C. is a trusted partner for families in Torrance and the South Bay. We understand the emotional and legal complexities of these cases and are dedicated to providing compassionate, effective support.

  • Local Knowledge and Relationships

    Our attorneys have strong working relationships with Los Angeles County court personnel, investigators, and healthcare providers, ensuring a smooth process and avoiding common delays.

  • Comprehensive Legal Services

    We provide full-service support, from establishing conservatorships to ongoing legal requirements like annual reports, financial accountings, and modifications. Our approach ensures continuity of care and protection.

  • Client-Centered Approach

    We prioritize clear communication, keeping you informed and involved every step of the way. Our responsive team is available to answer questions and provide peace of mind during difficult times.

Frequently Asked Questions About Conservatorships

  • How long does it take to establish a conservatorship?

    Most cases take 60-90 days from filing to court appointment. Emergency conservatorships can be established more quickly if immediate protection is needed.

  • What are the responsibilities of a conservator?

    Conservators must manage finances, handle personal care decisions, maintain detailed records, and file court reports. Conservators are also required to communicate regularly with the conservatee and family.

  • Can a conservatorship be challenged or modified?

    Yes, conservatorships can be modified or terminated if circumstances change. The conservatee or another party can file a petition with the court.

  • What are the costs involved?

    Costs include court fees, attorney fees, and ongoing administrative expenses. We provide transparent pricing and work with families to manage expenses.

  • Can an out-of-state conservator be appointed?

    Yes, with court approval. We assist with the additional requirements for non-resident conservators.

Take the First Step, Contact Torrance Conservatorship Attorneys at The Probate House L.C. Today!

Planning ahead can prevent emergencies and ensure your loved one receives the care they deserve. Contact The Probate House L.C. today to speak with our compassionate and experienced conservatorship attorneys. Call us at 310-504-2109 or visit our contact page to schedule a consultation. Let us help you protect your family’s future.