When seeking a conservatorship in El Segundo, it helps to understand the different terminologies used in the process. In the case of adults, the protective process is known as a conservatorship, whereas guardianship applies to minors. Susan B. Geffen is a conservatorship attorney near El Segundo who can help.
In both cases, the aim is to allow an individual (conservator/guardian) to take over medical and or financial matters for an adult or child (conservatee). This is usually due to age or illness that impacts on the conservatee’s ability to make decisions related to these matters. A guardianship is considered for proposed conservatees under the age of 18.
General Conservatorship
This process is commonly applied with a proposed conservatee that is experiencing compromised mental or physical capacity due to aging.
Limited Conservatorship
If an individual suffers from developmental disabilities, a limited conservatorship may be considered. This applies to those with conditions such as autism, epilepsy, cerebral palsy or mental retardation that developed before the age of 18.
LPS Conservatorship
Mental health conservatorship is part of the Lanterman-Petris-Short (LPS) Act 1967. In the state of California, LPS Conservatorship is the legal term used to bestow responsibility to a conservator when a conservatee requires comprehensive treatment for mental conditions. In most cases, the conservatee is an adult when an LPS conservatorship is proposed. A local government agency must put a LPS conservatorship in place.
In each process, certain papers must be filed with the court. The purpose of filing is to receive an order from the judge and letters of conservatorship. These documents allow the conservator to deal with medical and financial matters. Dealing with the required paperwork and court appearances can become stressful. It usually takes 60 days before a hearing is scheduled, although a hearing may be granted within five days in emergency situations. In these cases, a temporary conservatorship is granted until such time as the permanent conservatorship hearing takes place.
While this process may seem stressful, protecting your loved one is important. Susan B. Geffen can provide support, including the filing of required documents. We are committed to helping our clients achieve their goals in El Segundo.
What is a Conservatorship?
The first part of the process involves the filing of a petition for conservatorship with the court. Included in the petition is information related to the proposed conservatorship, such as the proposed conservatee, relatives, petitioner and reasons for seeking conservatorship.
The petitioner must also file a confidential supplemental information form. This document outlines why the potential conservatee cannot handle their medical and or financial matters. A confidential conservatorship screening form is filled out by the potential conservator and details his or her relationship to the conservatee. Other information includes the conservator’s criminal background and any other relevant information.
The next document is known as a duties of conservator form. The information on this form is used to determine how the conservator intends to help the conservatee. Each case is different, but matters such as personal care, keeping records of finances and dealing with medical care are some of the responsibilities detailed on the form. The proposed conservator must read and sign this form to acknowledge that they have received this information along with the handbook for conservators. Click here for an online copy: https://www.courts.ca.gov/documents/handbook.pdf.
The serve notice on the conservatee is the process of informing a potential conservatee that you are seeking conservatorship. It is important that you, as a proposed conservator, do not deliver the citation. This task can be performed by a family member or a professional. In addition to providing notice to the conservatee, notice must be provided to their relatives.
A bond is used to protect any assets belonging to the conservatee. This part of the process is designed to safeguard against a conservator committing theft, fraud, misrepresentation or improper handling of assets. In the event that the conservator does engage in such criminal activities, a claim can be made against the bond.
If these processes sound daunting, do not despair. Susan B. Geffen can help you fill in and file all necessary forms, as well as providing legal support throughout the process. Contact us today to schedule your consultation.