Gaining conservatorship or guardianship involves a complex process to determine what is in the best interests of the proposed conservatee. The factors that are taken into consideration are different in each case. You can seek legal support near Hermosa Beach from experienced conservatorship attorney, Susan B. Geffen.
If you are granted conservatorship, responsibilities may include taking over medical and or financial matters. As such, it is important that the rights of the proposed conservatee are protected. How much control you are granted will depend on the physical and mental capacity of the proposed conservatee.
In some cases, the proposed conservatee will retain control over certain decisions, while the conservator takes care of other matters. A court with input from all parties concerned will often make the final decision on conservatorship.
What is a Conservatorship?
A proposed conservatee is an individual who may not have the physical or mental ability to make sound decisions. Personal care, medical treatment and handling of finances are some of the common matters involved in conservatorship. If you suspect that a relative or friend has diminished mental capacity, or an elder is suffering abuse, seeking conservatorship may protect that individual.
There are several forms and letters of conservatorship that you will need in order to take over medical or financial matters. Doctors and banks will ask for this information from the conservator. To obtain the necessary documentation a petitioner must submit information such as reasons for seeking conservatorship, information on the proposed conservatee and a list of their relatives and friends.
In all instances, a conservatee’s rights are paramount. The process is designed to ensure that a proposed conservator is trustworthy, while protecting the assets and well-being of the conservatee. An attorney is tasked with consulting with the conservatee and any other parties to the process. The attorney will also submit a detailed report that includes reasons supporting or objecting to conservatorship.
Benefits of Conservatorship
When considering conservatorship, the attorney and court always seek to ensure that any arrangement solely benefits the conservatee. Adults and minors who are considered vulnerable may suffer harm due to diminished physical or mental health. If the proposed conservatee objects to conservatorship, the court may be compelled to settle the matter. There is also a review process that takes place six months after a conservatorship is in place, with subsequent reviews each year.
It is important to understand that from a legal perspective, a conservatorship is designed to protect the proposed conservatee. However, the conservator may also benefit due to reduced stress and peace of mind. It is also worth noting that although conservatorship may be granted due to physical incapacity, the proposed conservatee’s mental capacity is usually the overriding factor. This may also apply in cases involving individuals with development disabilities that were present at birth or developed before the individual reached the age of 18.
If you wish to provide support for a relative or friend who cannot make important medical or financial decisions, consider seeking conservatorship in Hermosa Beach. The process can be daunting, but there is support available from experienced attorney, Susan B. Geffen.
Conservatorship can give a proposed conservatee a better quality of life, while providing protections for assets. Having legal conservatorship will allow you to handle a range of decisions, depending on the unique circumstances of your relative or friend. At her Los Angeles offices, Susan provides compassionate support to all parties involved in the process.
Call or contact Susan online to schedule a confidential conservatorship appointment. Consultation is the first step toward protecting your loved one and their assets. We are here to address any questions or concerns about the process.