A debilitating injury or illness can occur at any time, even to young and seemingly-healthy people. When people are no longer able to look after their own interests, whether due to dementia or some other condition, and they don’t have an estate plan designating someone to do so in their stead, it may be necessary to set up a conservatorship.
Obviously, as estate planning attorneys, we recommend that people have an estate plan in place to ensure that their wishes are carried out and to save their family unnecessary costs, time and stress. However, if that hasn’t been done, we can assist you with initiating conservatorship proceedings.
Under California law, a judge has to agree that the “conservatee” is unable to care for him- or herself. This often requires evidence submitted from a doctor and possibly a psychiatrist regarding a person’s physical and/or mental capacity.
At The Probate House L.C., we understand that seeking a conservatorship for a loved one is a painful process. We help people here in California as well as the rest of the country when their loved one lives here in our state.
Ultimately, the goal for those who seek a conservatorship for a loved one as well as for the court is to protect the conservatee from financial as well as other types of abuse. If you become a conservator, you will need to file a care plan, and the conservatorship will be monitored by the court.
Someone does not have to be elderly or incapacitated for a court to approve a conservatorship. Pop princess Britney Spears’ financial life is reportedly still controlled by a conservatorship with her father at the helm after some troubling public behavior a decade ago.
At The Probate House L.C., we can provide experienced legal guidance based on California law, regardless of the circumstances. Review our website for more information on our estate planning services.