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If you are facing the reality of an aging relative suffering from diminished mental capacity, it may be time to consider conservatorship. This legal term refers to several paths that result in you, as a conservator, taking over certain responsibilities. In most cases, a conservator petitions a court in order to obtain legal responsibility in medical and financial matters.

The main difference between the legal terms “conservatorship” and “guardianship” is the age of the individual who needs support. The former is used when an adult is the individual who requires help making decisions, whereas the latter relates to children who have not reached the age of 18.

Conservatorship is not a single legal mechanism, as the needs of the individual typically dictate the nature of any arrangement. While mental or cognitive limitations are a common deciding factor in the creation of a conservatorship, individuals suffering from certain physical conditions may also qualify in the eyes of a court. If you are thinking about petitioning the court for conservatorship, there are several forms that must be submitted for consideration.

What is a Conservatorship?

As we age, loss of certain mental faculties becomes more likely. There may come a time when elderly relatives require support in making important decisions. Typically, matters concerning health and finances are areas that can leave vulnerable individuals open to abuse, manipulation or coercion. A caring relative or friend may therefore request conservatorship as a way to support a loved one.

Conservatorships are not created without thorough consideration. Relevant evidence can help a court decide if a conservatorship is necessary. The nature of any arrangement will depend on the physical and mental health of the proposed conservatee. A conservatee’s ability to make sound decisions is of special importance when making determinations on such an important matter.

The attorney involved in the petition for a conservatorship also plays a crucial role. All parties who have an interest in the matter are consulted and a report is created by the attorney. This report is intended to include recommendations to the court on whether or not a conservatorship is merited.

Benefits of Conservatorship

It is never assumed that an individual petitioning for conservatorship has nothing but honorable intentions. Many elderly or disabled persons are vulnerable to abuse, which is why it is necessary to submit several forms that outline reasons for requesting conservatorship, and details about all concerned parties, to the probate court.

The degree to which a proposed conservatee faces limitations when it comes to making decisions is also an important factor. As a potential conservator, you may not receive legal conservatorship over all matters. For instance, a conservatee may have the right to control their own finances while the conservator takes control of medical decisions.

The only person who should benefit from a conservatorship is the conservatee. Levels of competence are assessed so that the conservatee receives the support that he or she needs. However, information provided to the attorney and court is also used to assess the trustworthiness of any potential conservator. With all the complexities that are inherent in the process, it is important that any potential conservators consider seeking help from an experienced attorney.

The process of gaining conservatorship is complicated and requires the gathering and submission of a relatively large amount of information. If you feel like the burden is too much to take on alone, Susan B. Geffen can help in Santa Monica.

Call or contact Susan online at her Los Angeles offices to arrange your first consultation. We look forward to helping you cut through the red tape involved in applying for a conservatorship in California.

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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.

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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