Sometimes, a loved one can no longer function fully or make their own financial or health care decisions. A conservatorship may be necessary for their well-being. If you believe a family member is in need of a conservatorship or that the wrong person has been appointed as conservator, you need to talk with a conservatorship attorney. They can protect your family’s interests.
When you are trying to establish or contest a conservatorship, you need an attorney who can adapt to your family’s needs. Ross Law Group, APC, has the experience needed to defend the interests and needs of you and your loved ones. Our skilled attorneys have over 21 years of experience working in probate and conservatorship law and are frequently appointed by the probate court to represent proposed conservateesWe can determine your options in a contested conservatorship. We can also find a resolution through mediation or litigation.
It is essential that your loved ones are protected from predatory conservatorships. They must be provided with a conservator who can take care of them if necessary. At Ross Law Group, APC, we have dealt with legal complexities across the spectrum of conservatorships.
A conservatorship is a court procedure designed to help adults who are unable to safely care for themselves. The court appoints someone to be responsible for and act on behalf of the conservatee. Conservatees may be elderly, disabled, or dependent adults. The person responsible for the conservatees is the conservator. This is usually a family member, friend, or professional. The goal of a conservatorship is to protect vulnerable adults from undue influence and fraud. It is also intended to aid adults who need help with daily functioning.
A conservatorship can grant two different types of responsibility:
A conservator may be granted authority over both the person and the estate, or they may only be granted one. In certain circumstances, a conservatee only needs care in one of these forms. Occasionally, each responsibility may be better handled by separate people.
When an adult in your life is unable to manage their own personal health or finances, you can establish a conservatorship through California probate court. A conservatorship lawyer is a useful resource while navigating probate court. They can help you determine whether a conservatorship of the estate or person is appropriate.
When you petition probate court, you must provide evidence that your loved one is either:
The evidence for a conservatorship requires a higher burden of proof than is usually necessary for civil cases. The court will determine if one of both forms of conservatorship is needed.
Probate court, even for conservatorships, can be time-consuming and complex. Although it is possible to petition for a conservatorship without an attorney, it is not recommended. Your attorney can help you provide the necessary proof and follow the necessary guidelines.
If you are trying to contest a conservatorship, an attorney is especially necessary. It is more difficult to contest an existing conservatorship than it is to contest one that is being created. Work with a qualified conservatorship lawyer to determine your options for removing a conservatorship or appointing a new conservator. Your attorney can determine the ideal course of action for your situation and protect your loved one.
If your elderly loved one has worked with an estate planning attorney, a conservatorship is not always needed. A complete estate plan consists of:
If your elderly family member has these documents, there is a good chance that care via conservatorship is not necessary.
However, if these documents are of uncertain validity, your loved one is being taken advantage of, or your loved one is refusing to cooperate with the trustee and agents that manage the documents, a conservatorship could be the ideal choice. If your loved one is under threat of fraud or undue influence, this may also be grounds for a conservatorship.
The type of conservatorship that is appropriate will vary on a case-by-case basis. The goal of a conservatorship is to take care of the specific needs of the individual.
This refers to the types of conservatorship where the potential conservator petitions the probate court for authority over the conservatee. Probate conservatorships include general, limited, and temporary conservatorships.
General conservatorships provide full authority over either the person, the estate, or both. This type of complete control is generally reserved for elders with Alzheimer’s, dementia, or people who are otherwise impaired and unable to make informed decisions. These are also called permanent or regular conservatorships.
Limited conservatorships are similar but are geared toward adults who are developmentally disabled. These provide the conservator with only limited authority. This provides the conservatee with some amount of self-control and reliance.
Temporary conservatorships are provided as an emergency solution when there is an imminent threat to the potential conservatee. This includes incapacitation due to a medical condition or a threat to themselves or their finances. Temporary conservatorships may provide a general or limited conservatorship for a short amount of time. They can last until a hearing for a permanent one is held.
A contested conservatorship occurs when the conservatee or a loved one objects to the existence of the conservatorship. They may argue that the person under conservatorship can take care of themselves and their finances. Conservatorships can be changed or removed with the right appeal to the court. Contested conservatorships may also occur when loved ones or the conservatee disagree on who should perform as conservator. In either case, a skilled conservatorship lawyer is necessary to protect your rights.
If you are looking for skilled representation in establishing or contesting a conservatorship, contact the team at Ross Law Group, APC. We want to protect your needs and ensure that the right person is taking care of your loved ones.