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Are you facing challenges when acting on behalf of a relative in Rolling Hills Estates? In many cases, there are legal protections that will prevent you from making important decisions for a family member. If physical or mental incapacities mean an individual has limited capacity, you may need to explore conservatorship.

A conservatorship or guardianship describes the legal mechanism by which a relative or friend (conservator) of an individual (conservatee) takes over responsibility for some or all daily decisions. These decisions are typically related to personal care, medical treatment or financial matters. The conservator may receive court approval to take over a range of responsibilities.

There are several types of conservatorships that a court may create, depending on the circumstances of a proposed conservatee. If you are the individual petitioning for a conservatorship, you must fill out all relevant forms and file them with a probate court. The mental capabilities of a proposed conservatee are usually the most important deciding factor in whether or not a conservatorship is created. However, there are circumstances where physical incapacity may merit the creation of an arrangement that benefits the conservatee.

What is a Conservatorship?

Physical and mental health can diminish with age. It is for this reason that conservatorships often apply to adults who are suffering from conditions such as Alzheimer’s or dementia. In the case of minors, a guardianship may be necessary if an individual has suffered a brain injury or was born with a developmental disability.

A court will not create a conservatorship or guardianship unless there is evidence that the proposed conservatee needs support in making important decisions. In the case of individuals who are completely incapacitated or cannot communicate, a court must make a decision based on all available information and evidence.

An attorney must also play a role in the process by consulting with various parties to the proposed conservatorship. The information that the attorney gathers is used to create a report on the potential advantages and disadvantages of creating a conservatorship for the proposed conservatee.

Benefits of Conservatorship

While most potential conservators have only good intentions, some less scrupulous individuals may attempt to exploit vulnerable family members or friends. A court cannot simply take away a proposed conservatee’s right to make decisions related to medical treatment or control of financial assets. The law is designed to ensure that the process benefits the conservatee, and not the conservator.

If a proposed conservatee can make certain decisions or communicate independently, the court will use available evidence to determine if a conservatorship is needed. The factors that influence the creation of a conservatorship will differ from one case to the next, which is one of the reasons that seeking consultation with an experienced attorney is important.

A conservator should not legally benefit from a conservatorship. For instance, there are legal mechanisms in place to address scenarios where a conservator misuses the assets of a conservatee. If there are any benefits for the conservator, they are merely incidental in nature. Every aspect of the conservatorship process is intended to benefit the individual who is facing physical or mental incapacity.

Although the process of requesting the creation of a conservatorship is complicated, you can navigate the legal landscape in Rolling Hills Estates with the help of Susan B. Geffen. As an experienced conservatorship attorney, Susan provides invaluable guidance and representation at her Los Angeles offices throughout your journey.

Call or contact Susan online to arrange a confidential appointment today. With the help and support available from our team, conservatees can benefit from the enhanced support of a relative or friend.

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If you have a case that you would like to have evaluated, a one hour consultation might be a good start. The law offices of Susan B Geffen will review all of the facts with you either over the phone or in person, to help determine if you have a strong case.

Susan Geffen saved my life! An elderly relative was the victim of lottery fraud and was acting as the neighborhood ATM, in total over $200,000. Her legal expertise, compassion, and expertise in geriatrics guided the family through a successful process of care management and understanding. At all times the victim and the family trusted Susan and received compassionate support. Her referrals to other professionals were stellar and her reputation among her peers is impeccable. I recommend her without qualification.

Irene Z., Newport Beach

I could have searched the country and not have found a more capable and qualified person.

Debbie K., Moreno Valley, CA

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Our Clients Reviews

Susan Geffen saved my life! An elderly relative was the victim of lottery fraud and was acting as the neighborhood ATM, in total over $200,000. Her legal expertise, compassion, and expertise in geriatrics guided the family through a successful process of care management and understanding. At all times the victim and the family trusted Susan and received compassionate support. Her referrals to other professionals were stellar and her reputation among her peers is impeccable. I recommend her without qualification.
Irene Z., Newport Beach
After moving my 88 year old mom from Chicago to California, I was looking for a competent attorney to review and make some minor changes to her living trust. Susan B. Geffen has a wonderful “desk side” manner with her elderly clients and even helped my mom recover $3,000 that her prior attorney in Chicago refused to release from escrow of the sale of her home 2 years ago. I would highly recommend Susan B Geffen’s services to anyone dealing with elderly parents.
D’Marie C., Hermosa Beach, CA
My parents and I retained Susan Geffen’s legal services to navigate through the Medi-Cal process and to preserve my parent’s assets. The process was long and hard, but Susan hung in there with us, even when my parents seemed reluctant and indecisive. Susan showed her professionalism and concern for the elderly by continuing to provide legal services and guidance without payment during a period between the two phases of our journey. I would recommend Susan to anyone in need of legal services relating to the elderly and elder care.
Rick Y., Torrance, CA
When my wife of 53 years suddenly became terminally ill, I asked Susan B. Geffen to provide assistance with new wills and trust documents on short notice. She worked diligently and completed the requisite documents in record time. She also provided in-valuable advice concerning bequests and gathering information for estate tax filings.
Steve K., Rancho Palos Verdes
I highly recommend her for estate planning and elder law questions.
Mike A., Rancho Palos Verdes, CA
I could have searched the country and not have found a more capable and qualified person.
Debbie K., Moreno Valley, CA