When someone you care about has dementia or is vulnerable due to a disability, illness or life circumstance, legal protections may have to be put in place by you or another interested party to keep him or her safe. This is particularly true if that person is without an estate plan.
When the attorneys at Conover & Grebe, LLP, meet with estate planning clients, we put great emphasis on having all necessary documents prepared to avoid costly Conservatorship proceedings. If, however, your loved one has not prepared the appropriate documents and is no longer able to manager her personal and/or financial affairs, you may need to contact a lawyer to help you initiate Conservatorship proceedings with the court.
Your first step may be to call our office to tell us what difficulties you are experiencing at home with your loved one, or if you live far away, what friends and neighbors may tell you. You will end up sharing intimate details about your situation. For many people, this is not a comfortable process. The conversation is confidential, however, and your attorney will need to know the facts you are facing in order to provide effective counsel.
Conservatorships: Torrance Conservatorship Lawyers
In California, Conservatorships can be established after a judge decides that a person (called the "conservatee") is unable to take care of herself or her finances. Establishing a Conservatorship, will take away or limit significantly a conservatee's civil and legal rights.
On occasion, one of the involved parties disputes that the proposed conservatee has lost her capacity. The party or the conservatee may deny that a Conservatorship is needed. The Court requires a medical evaluation reflecting the doctor's opinion as to a lack of mental and physical capacity.
A Conservatorship is initiated with the filing of a petition by a spouse, family member, professional fiduciary or friend, seeking to protect the proposed conservatee. Having a court-supervised conservator can be extremely helpful in providing protection for the conservatee against financial and physical elder abuse. Once a Conservatorship over the estate is established, the court will monitor the conservator by requiring him to file required inventories and accountings as well as a care plan explaining how the conservatee's personal needs, health and finances will be managed.
At Conover & Grebe, LLP, we are experienced in all facets of Conservatorship, including representing the proposed conservator or proposed conservatee, as well as family members or interested parties seeking or opposing Conservatorships. We also provide counsel to conservators of the estate, helping them in their general responsibilities and/or handling one specific item such as preparing and filing an accounting with the court.
A Conservatorship is not always needed if other estate planning strategies are used. It is important to work with us on your estate planning strategy before loss of capacity, when you have many options available to help prevent legal and financial problems down the road.
Substituted Judgment Petition
Once a Conservatorship has been established, the Court can authorize the conservator to take action which reflects the wishes of the conservatee, which the conservatee is no longer able to express. Such action may include the creation of a Trust or Will, making gifts, or other aspects of an estate plan.
The establishment of a Conservatorship may not be necessary to achieve a client's goals. A petition seeking approval of a single-transaction may be more economical or cost-saving than the establishment of a Conservatorship.
Limited Conservatorships
Our attorneys also offer representation in matters related to limited Conservatorships for developmentally disabled persons.
Establishing a limited Conservatorship, like a general or probate Conservatorship, places significant restrictions on a proposed limited conservatee's civil and legal rights. Most often, the limited conservators will be the parents of a developmentally disabled child or adult who they have taken care of since birth.
Once the disabled child reaches the age of majority, the parents are no longer able to make personal and financial decisions and will need to obtain a Conservatorship. This process can be commenced before the individual's 18th birthday.
When the child reaches the age of majority (18 years) she is legally an adult and medical personnel, school officials and other persons in authority can properly refuse to deal with the parents any further. This is true regardless of the nature and extent of the developmental disability.
Guardianships
A guardianship is similar to a conservatorship, but applies exclusively to individuals under the age of 18. A Guardianship terminates by operation of law on the individual's 18th birthday.
Contact Our Los Angeles County Probate Attorneys
If you are the spouse, a child, family member, a friend, a neighbor or other interested party of a person who may need a Conservatorship, 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 the probate court. To talk with our South Bay Conservatorship lawyers, we urge you to contact our law firm at 310-776-9028 or toll free at 866-661-9751 for a confidential consultation.
