Are you considering seeking conservatorship in Palos Verdes? When an elderly or sick relative is no longer able to handle medical or financial decisions, a friend or family member may wish to take over those responsibilities. However, due to various laws, you must obtain legal permission to act on behalf of another individual.
The legal guardianship of an adult is known as conservatorship. The process is not a simple one and you will likely need the help of an experienced conservatorship attorney near Palos Verdes like Susan B. Geffen. Conservatorship is usually granted when an individual (conservatee) is unable to make or communicate decisions. Older relatives or minors with development disabilities are two common examples of relatives or friends who may need this sort of support.
No two conservatorship cases are the same, as every individual has unique needs. If a proposed conservator is deemed fit to make certain decisions but not others, a court may grant limited conservatorship. This could mean a conservator takes control of finances, but not medical decisions, or vice versa.
What is a Conservatorship?
A proposed conservatee is often a vulnerable individual either due to diminished mental capacity or a physical disability. Conservatorship can help prevent the conservatee from suffering abuse or coercion. Probate court is often responsible for making the final decision on whether or not a conservatorship should be created and determining if a proposed conservator is trustworthy.
In order to make these determinations, the court requires that a petition is filed to obtain letters of conservatorship and other documentation needed to act on behalf of a conservatee. The petitioner must therefore submit several forms that contain details about the conservator, conservatee, family and friends and reasons that a conservatorship is necessary.
The conservatee is represented by an attorney whose fees are covered by assets belonging to the conservatee. Some of the main responsibilities of the attorney include consulting with the conservatee, their family and friends. The conservator is also consulted as part of this process. The information that the attorney gathers is then used to create a report that either supports or objects to the creation of a conservatorship.
Benefits of Conservatorship
The court is also involved in ensuring that a conservatorship will solely benefit the proposed conservatee. In many cases, proposed conservatees are individuals who are at risk of manipulation, coercion and other forms of physical, mental or financial abuse. When a proposed conservatee is deemed as in need of support but refuses to voluntarily accept a conservatorship, the court may take responsibility for creating the conservatorship.
There are several scenarios that may result in a proposed conservatee being incapable of making decisions. For instance, a comatose individual does not have the ability to communicate. Similarly, those who are suffering from age-related illnesses that impact on cognitive abilities and memory may have limited capacity to make decisions related to medical care and finances.
These scenarios usually result in a family member or friend stepping in to take up important responsibilities. However, without a conservatorship, the affected individual is not legally protected. As a caregiver, you may also face barriers when dealing with medical professionals or financial institutions.
Susan B. Geffen can help you navigate the legal landscape of conservatorships and guardianships in Palos Verdes. As an experienced attorney, Susan understands the stress associated with completing and filing legal documents. You will receive excellent support from our compassionate team in Los Angeles.
Call or contact Susan B. Geffen online to schedule your initial conservatorship consultation. All discussions related to you, the proposed conservatee and any other relevant parties are held in the strictest confidence. We are committed to protecting the rights and assets of the individuals we represent in California.