Call Us Now
Email Us Now
Getting Clients and Their Loved Ones the Care They Need
We all need help sometimes. However, some individuals need long-term or permanent care due to a disability, injury, illness, age, or another reason. In California, people who can no longer provide for their personal needs or make important decisions on their own can get care through a conservatorship. This legal process makes an able person the legal guardian responsible for the disabled person’s needs.
Conservatorships are useful tools for family members who are concerned about aging loved ones. These legal agreements are made with everyone’s best interests in mind. If you’re considering establishing a conservatorship or your family members have started the conservatorship process for you, you need to contact an experienced conservatorship attorney.
Conservatorships aren’t always the best answer. They take away a person’s independence, place a heavy burden on the caregiver, and require going to court, which can be costly and time-consuming. One of the best ways to determine whether a conservatorship is right for you is by contacting an attorney with experience in this unique aspect of law. Your lawyer can help you seek a legally valid conservatorship so your loved one gets the care they need now and in the future.
Our law firm has years of experience representing older adults and their family members. We can offer advice on conservatorships, help you gather evidence, and provide guidance on the next steps. No matter what your situation is, our team is confident we can help.
Call Patricia Scott Law for attorneys who listen compassionately to each client and treat each case with the attention and care our clients deserve. We promise to answer your questions thoughtfully and in terms that are easy to understand. If a conservatorship is necessary to meet your needs, we will help you pursue this legal action. Call now for a free 30-minute consultation with our caring, capable legal team at 510-694-1098 or contact us at 510-984-2390 to speak to a conservatorship lawyer today.
What Is a Conservatorship?
A conservatorship is the legal term for assigning a guardian to someone who cannot perform necessary functions on their own. A conservatorship is a legal agreement when a judge appoints a person or organization to care for another adult. The “conservator,” or the person who has now been appointed for care, must be reasonable and of sound mind. Anyone filing for conservatorship must prove that the “conservatee,” or the adult who cannot care for themselves, is no longer capable of managing their own finances or faculties.
There are two main components of a conservatorship:
- Conservatorship Over the Person
This allows an individual to make decisions about the conservatee’s daily activities. This includes where they live, what they do, and who they spend time with. A conservator may also be responsible for upholding the conservatee’s personal care and medical treatment needs. - Conservatorship Over the Estate
This includes the authority to make decisions about the conservatee’s assets. This includes managing property, paying bills, investing money, and collecting income.
When you establish a conservatorship, you can include conservatorship over the person, conservatorship over the estate, or both. Our conservatorship attorneys can help you decide which type to seek and the best way to do so.
Obtaining a conservatorship occurs by filing a petition and submitting various forms to the proper court. Your lawyer can help you gather the necessary documentation and get your petition filed in a timely manner to avoid delays or denials.
The proposed conservatee has the right to participate in the process, including opposing the potential conservatorship and hiring an attorney to represent them at any hearings. Conservatorships are approved on a yearly basis in California, and a new petition will be required each year to determine if the conservatorship should be renewed. The hearing and investigation will not need to be repeated.
In some cases, a limited conservatorship is more appropriate. This situation allows the person to get the amount of help they need while preserving their independence as much as possible. If more than one person requests to be the conservator, a judge may select and appoint who they feel would best provide care for the person.
How Is a Conservatorship Established?
Because a conservatorship is so powerful, it is not easy to establish one. You will need to petition your local probate court and provide evidence of your loved one’s incapacity. To establish a conservatorship, you must do the following:
- Gather Evidence – You must show proof that your loved one cannot manage their daily needs or their finances. A capacity declaration from their doctor can attest to their mental incapacity or mental illness. If your loved one has a caretaker, you can also use their testimony.
- Petition for Conservatorship – To establish a conservatorship, you must file a petition with the court. Include details about the conservatee’s condition and why you believe a conservatorship is necessary. You will also provide information about yourself and your other family members.
- File Confidential Forms – The Confidential Supplemental Information Form lets you provide more details about the information in your petition. The Confidential Conservator Screening Form goes over your relationship with the conservatee and your background.
- Sign the Duties of Conservator Form – Your duties and rights as a conservator will be detailed in this document. You must meet the needs of your conservatee, whether you’re in a general conservatorship or a limited conservatorship.
- Attend a Hearing – The court will investigate the facts of your case and determine whether a conservatorship is necessary. You will then attend a court hearing where a judge will make a final decision.
Who Is Eligible to Serve as a Conservator in California
Interestingly, eligibility for conservatorship does not depend on being the person’s family member. While a judge may favor a family member if more than one person applies for conservatorship, it is also possible to assign a friend or other non-relative, including a government agency or non-profit organization, as a caregiver.
Some individuals who have higher priority as conservators include:
- Spouse
- Adult children
- Parents(s)
- Sibling
- A friend or other interested person
- Public Guardian
- Professional company
Since the conservatorship is established in court, the judge will have the right to make the final decision about who is established as the conservator. The judge’s decision will usually be based on the order of relations listed above. However, they may consider each person’s ability to give the care the individual needs. It is also possible to assign one conservator to the person’s physical care and another to handle their financial needs.
What Legal Responsibilities Do Conservators Have?
A conservator has the fiduciary duty to act in the best interests of the person to whom they give care. The exact responsibilities and duties depend on the type of conservatorship. For example, the conservator may care for the individual’s personal well-being, or they could be charged with managing their estate. In some cases, the caregiver is responsible for handling both aspects of the person’s care.
Understanding that a conservator must always act in the conservatee’s best interests is critical. This includes never using access to the person’s funds or property for personal gains. One example is caring for someone who needs to move into assisted living. A good conservator would sell the person’s home and use the funds to pay for their living facility. They would not be legally permitted to move into the home or take the funds from the sale.
Conservators who handle the financial needs of another person must manage the individual’s assets, including paying the bills. This does not require the conservator to pay from their own account; they should use the conservatee’s funds. Hiring an attorney can help protect you from legal issues or accusations of neglect. Call our law firm immediately to get the assistance you need in your conservatorship.
What Can a Conservatorship Lawyer Help With?
Conservatorship issues can be difficult to navigate without a professional on your side. There are many ways our team of conservatorship lawyers can help you, including:
- Establishing a Conservatorship – We can help you file for a conservatorship through probate court to take control of your loved one’s financial decisions and daily activities.
- Contesting Conservatorships – If not all family members agree about the conservatorship or the person named as conservator, we help navigate disputes and reach resolutions.
- Replacing a Conservator – If a conservator is not fulfilling their responsibilities or acting unethically, we can help remove and replace them.
- Advising Conservators – We help conservators understand their responsibilities and ensure they protect their loved one’s best interests.
- Ending a Conservatorship – If the conservatee regains their capacity or if a conservatorship was wrongly established, we help gather the necessary facts and present them to the court.
Should You Hire Our Conservatorship Attorneys in Alameda County?
A conservatorship is a powerful tool that allows you to care for your loved ones when they can’t take care of themselves anymore. As a conservator, you have a major burden placed on your shoulders. You deserve legal counsel from attorneys who understand California’s guardian laws and will help you fulfill your duties.
If you are seeking a conservatorship for yourself or someone else, it is crucial to understand your legal rights and responsibilities. Our legal team is standing by to explain complex legal principles in a way you can understand so you can make the best decisions for yourself and your loved one.
We are ready and willing to support you as you seek a conservatorship or start a new conservatorship. We promise to listen carefully to your concerns and align our services to your needs and goals. You don’t need to go through this difficult time alone. Call our team of skilled, compassionate attorneys at 510-694-1098 or 510-984-2390 to schedule a complimentary 30-minute consultation.