Conservatorship Attorneys For Los Angeles Families
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.
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. When The Probate House L.C. meets with estate planning clients, we put great emphasis on having all necessary documents prepared to avoid costly conservatorship proceedings.
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.
Types Of Conservatorships
There are three main versions of conservatorships used by Los Angeles families. They are:
- General conservatorship. In this type of conservatorship, the conservator has all powers and responsibilities over the conservatee that the court deems necessary. The conservator could have control over the conservatee’s personal decisions, financial decisions or both.
- Limited conservatorship. This type of conservatorship limits the conservator’s powers to some or all of these seven powers:
- Fix the conservatee’s residence or dwelling
- Gain access to the conservatee’s confidential records and papers
- Decide whether the conservatee can get married
- Act on the conservatee’s behalf when entering into a contract
- Give or withhold consent to medical treatment
- Control the conservatee’s right to social and sexual relationships
- Make decisions regarding the conservatee’s education
- Temporary conservatorship. In cases where the prospective conservatee needs immediate help, such as after a sudden, incapacitating illness or injury, the court may grant a temporary conservatorship. This arrangement lasts until a permanent conservatorship is granted. A temporary conservator’s powers are usually much more restricted than a permanent conservator’s.
The Role Of A Conservatorship Attorney
Whether a proposed conservatorship has caused a conflict or not, having an attorney experienced in conservatorships representing you can be invaluable. Your lawyer can help with many aspects of the proceeding, including the following:
- Drafting and filing conservatorship petitions with the court so that they are accurate and timely
- If you oppose conservatorship over yourself or someone else, an attorney can help you challenge it in court
- Modifying the terms or duration of an existing conservatorship to better reflect current circumstances
Our experienced conservatorship attorneys understand how sensitive these cases can be, and help minimize the emotion and conflict involved, as well as delays and stress.
Contact Our Los Angeles County Conservatorship Lawyers
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 the appropriateness of a conservatorship and the extent of some. 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.