Conservatorship and guardianship provide the same protections. However, the former applies to adults, whereas the latter applies to minors. The legal processes involved in gaining conservatorship are complex. Before you begin on your journey, it helps to consult with an experienced conservatorship attorney near Manhattan Beach.
Conservatorship is typically granted when an individual (conservatee) is unable to make important decisions related to medical care or financial matters. The conservator takes over responsibility for some or all of these decisions, based on the unique circumstances in each case.
A limited conservatorship means that the conservator is granted control of strictly defined medical or financial decisions. In a full conservatorship, the conservator may be granted control over medical treatment, finances and assets. It is often the job of a court to determine the extent of a conservatorship.
What is a Conservatorship?
A proposed conservatee is usually an individual who is vulnerable, incapacitated, unable to communicate or otherwise incapable of making decisions. A friend or relative may then wish to take over those responsibilities. Mental incapacity or illness is usually a major contributing factor in how a court decides matters related to conservatorship.
Letters of conservatorship and other forms are required before a conservator can deal with the medical or financial needs of the conservatee. Compiling the information needed to obtain this documentation from the court can become overwhelming. It is therefore recommended that you consult with an experienced conservatorship attorney near your Manhattan Beach home.
Some of the information sought by the court includes reasons for seeking conservatorship, details about the proposed conservatee and information about their family and friends. An attorney will consult with relevant parties in order to create a report containing recommendations to the court. In all cases, the attorney and court are focused on protecting the mental and physical well-being of the conservatee, and any financial assets they may possess.
Benefits of Conservatorship
The benefits of conservatorship should always favor the conservatee and not the conservator. Some individuals are vulnerable and therefore need legal protections. Adults and minors suffering from poor cognitive functions or severe disability may require help with daily activities and decisions. In some cases, the proposed conservatee is not willing to relinquish control of medical or financial matters, in which case a court may grant conservatorship if there is a risk to health or assets. The conservatee is also entitled to have the arrangement reviewed after six months and every year thereafter.
While the conservator does not receive any legal benefits from the arrangement, he or she may benefit in other ways. Professional individuals or organizations may not discuss medical or financial matters with you unless you can prove conservatorship. There is also the peace of mind of knowing that you are supporting a friend or loved one. If watching an elderly relative struggle due to a condition such as Alzheimer’s is breaking your heart, it may be time to consider taking over some of those burdens.
Providing support for a relative or friend is made easier with a conservatorship in place. Due to privacy and data protection laws, you cannot deal with certain matters on behalf of another individual. A conservatorship is a means of removing these barriers legally.
Other benefits for a proposed conservatee may include improved quality of life. A trustworthy friend or relative can take over some or all of the important decisions related to medical treatment or assets.
Call or contact Susan B. Geffen online to schedule a consultation near your Manhattan Beach home today. All discussions related to a proposed conservatee are private and confidential. This is your chance to get the answers you need to make informed decisions about seeking conservatorship.
Call Susan today (310) 406-0608 or send her a message by filling out the form below.