The complexities of requesting a conservatorship soon become evident when a family member or friend begins the process. Without the help of an experienced conservatorship attorney near Torrance, you may feel overwhelmed by all the forms and documentation needed. Susan B. Geffen can provide all the support you need at her California offices.
There are two legal terms with which most people are familiar: conservatorship and guardianship. The former is used when discussing adults, whereas the latter applies to minors. Both conservatorships and guardianships are intended to benefit an individual who is legally referred to as the conservatee.
A conservatee is an individual who needs support in making decisions related to everyday life. Matters that are covered typically include personal care, medical treatment and control of finances. In most cases, conservatees are limited in their ability to make decisions or communicate instructions clearly.
What is a Conservatorship?
When mental capacity diminishes, an individual may not have the ability to make decisions on personal matters such as receiving medical treatment or managing assets. In such circumstances, a potential conservator may petition a probate court to take responsibility in such matters. Whether or not the court issues letters of conservatorship and other necessary documentation will depend on several factors.
The court will consider information that is submitted via required forms. The details included on these forms provide insight into the reasons that conservatorship has been requested. The petitioner must also include information about all parties involved in the process, along with details about the conservatee and their family. If you are having trouble collating the required information, an experienced conservatorship attorney can provide support.
A court-appointed attorney represents the interests of the proposed conservatee. The attorney is tasked with meeting the conservatee, their family and friends to collect relevant information. Additionally, the attorney will create a report that includes recommendations on whether or not a conservatorship is in the best interests of the conservatee.
Benefits of Conservatorship
While most potential conservators only have the best interests of the proposed conservatee in mind, there are risks associated with creating a conservatorship. Vulnerable adults and children are often targets for manipulation and coercion. The court must make a determination that benefits the conservatee only. This is made possible due to the complex requirements associated with conservatorships and guardianships.
A conservatorship does not always result in the conservator taking full responsibility for medical or financial decisions. You may have limited control, while the conservatee retains the right to make decisions related to certain matters. Again, this determination is based on the information available to the court at the time of a conservatorship hearing. Once a conservatorship is in place, the arrangement is reviewed after six months and every year thereafter.
The benefits of a conservatorship are intended to favor the conservatee. Although a conservator may take control of all major decisions, he or she should not gain legal or financial benefits from the arrangement. There are legal mechanisms in place to help prevent a conservator from committing crimes such as fraud or coercion.
If you are considering conservatorship, it helps to go into the process understanding the potential complications. You have the right to seek support from an experienced attorney near Torrance. Susan B. Geffen is always available to guide you through the legal processes involved in matters related to conservatorship.
Call or contact Susan online at her Los Angeles offices to arrange your first consultation. We understand that you have difficult decisions ahead and may need help with completing and filing forms. Our California team is compassionate, caring and dedicated to providing the best representation in the state.