Patrica
Experienced & Thoughtful
Estate Planning & Administration

Alameda County Conservatorship Lawyers

Getting Clients 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 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.

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.

What Is a Conservatorship?

A conservatorship is the legal term for assigning a guardian to someone who cannot perform necessary functions on their own. 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.

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. Please note that it is also possible to assign one conservator to the person’s physical care and another to handle their financial needs.

For help understanding your rights as you seek a conservatorship, reach out to our legal team today. We can help potential conservators obtain the best possible care for their loved ones. We are also prepared to fight for the rights of individuals in need of care.

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.

Should You Hire Our Conservatorship Attorneys in Alameda County?

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 to schedule a complimentary 30-minute consultation.