Are you searching for answers related to conservatorship or guardianship in Redondo Beach? This complex legal area can make many individuals reluctant to take over key responsibilities on behalf of a family member. The first step is understanding what is involved in conservatorship and where you can get help. An experienced conservatorship attorney near Redondo Beach, Susan B. Geffen, can help.
The creation of a conservatorship is not a matter that is taken lightly by the courts. A conservator may end up controlling most or all of the important decisions in a conservatee’s life. As such, there are a number of legal requirements that must be met before a conservatorship is created. Although elderly relatives are the most common subject of conservatorships, there are several other reasons that necessitate the involvement of a court.
Although there are different legal terms to describe conservatorships and guardianships, each type is intended to allow a conservator to take over certain responsibilities. Medical treatment and control of finances are the most common areas associated with a conservatorship. It is therefore essential that any arrangements are proven necessary, and that the conservator can be trusted to act in the best interests of the conservatee.
What is a Conservatorship?
If an individual is of sound mind and in good physical health, it is highly unlikely that a court would create a conservatorship. The process is intended to benefit the conservatee, which typically means such individuals are incapacitated or vulnerable in some respect.
Proving that the creation of a conservatorship is necessary involves filing relevant information with the court. There are several forms that must be completed and filed before the court will consider issuing letters of conservatorship and other important documentation.
The attorney is also responsible for consultations with any parties to the proposed conservatorship, including the conservatee. Information gathered by the attorney is then used as part of a report that provides recommendations or objections related to the requested conservatorship.
Benefits of Conservatorship
What is most important for potential conservators to understand is that the process is designed to benefit the proposed conservatee. Determining an individual’s capacity to make sound decisions is a complex process, which requires input from several parties. A proposed conservatee may not want to relinquish control, even when he or she is limited or incapable of making decisions. In such cases, the court uses all available evidence to establish whether or not conservatorship is the most appropriate option.
A proposed conservatee’s decision-making and communication are two factors that may influence a conservatorship case. For instance, an individual in a coma will not have the capacity to handle medical or financial matters, whereas an individual with developmental disabilities may only need limited help. A relative or friend can provide support by petitioning for the creation of a conservatorship based on the specific needs of the individual.
Conservatorship benefits the conservatee because there is a legal mechanism in place to ensure everyday needs are met. A well-meaning relative cannot simply take over decisions and responsibilities without legal authority. This often becomes clear when dealing with doctors, banks or creditors. It is in these instances that conservatorship often benefits all parties involved and offers legal protections.
While the process is complicated and may seem daunting, Redondo Beach residents can rely on Susan B. Geffen for legal support. At her Los Angeles offices, Susan provides consultation and representation to those seeking conservatorship in California. This is your chance to make life that little bit easier for a loved one.
Call or contact Susan online for a confidential consultation near Redondo Beach. We are a compassionate legal practice that values lasting relationships with our many clients and the family members they support.