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.
Call Susan today (800) 285-2659 or send her a message by filling out the form below.