When a person is no longer able to manage their own medical or financial affairs or is vulnerable to undue influence by others due to a disability, illness or life circumstance, legal protections may have to be put in place to keep that person safe. This is particularly true if that person is without an estate plan.
When the attorneys at The Probate House L.C. meet with estate planning clients, we put great emphasis on having all necessary documents prepared to avoid costly conservatorship proceedings. If the person does not have an estate plan in place and is no longer able to properly manage their personal or financial affairs, due to incapacity or undue influence, a conservatorship may be needed to properly protect them.
Your first step may be to call our office and tell us what difficulties you are experiencing with your friend or relative. You will end up sharing intimate details about your situation. For many people, this is not a comfortable process. However, the conversation is confidential, and your attorney will need to understand the facts that you are facing in order to provide effective counsel.
California Conservatorship Counsel
In California, once a conservatorship petition is filed, a conservatorship can be established after a judge decides that a person (called the “conservatee”) is unable to take care of their personal needs or finances. California has specific rules regarding conservatorships, and an experienced California conservatorship attorney can properly counsel you through these series of rules and requirements.
The initiation of a conservatorship requires a proposed conservator (often a spouse, family member, professional fiduciary, friend, or person nominated in an advance health care directive) to file a court petition asking to be appointed as conservator to protect the proposed conservatee (an incapacitated spouse, parent, adult child, or friend) who is unable to provide for their own food, care and shelter, or is no longer able to manage their finances or resist the undue influence of others.
Having a court-supervised conservator can be extremely helpful in providing protection for the conservatee against financial and physical abuse. Once a conservatorship is established, the court will monitor the conservator by requiring him to account for the conservatee’s finances, and explain how the conservatee’s personal and health care are being managed.
At The Probate House L.C. we are experienced in all facets of a conservatorship, from initiation to termination. We provide effective legal counsel to proposed conservators, as well as those individuals who are seeking to oppose the establishment of a conservatorship, or who are otherwise looking to protect their rights and interests in the conservatorship.
Contact Our Los Angeles County Probate Attorneys
If you are the spouse, family member, child, friend, or other interested who may need to establish a conservatorship, or oppose one, talking with an experienced lawyer is the most effective way to determine whether a conservatorship is needed. We assist clients with general and limited conservatorships in probate court. To talk with our South Bay conservatorship lawyers, we urge you to contact our law firm at 424-452-2375 for a confidential consultation.