Seeking a conservatorship is a complex process that requires input from several parties who have an interest in the arrangement. Although a petitioner puts forward the request for conservatorship, the benefits are always weighed toward the conservatee. Susan B. Geffen, an experienced conservatorship attorney near West Hollywood, can help.
A conservatee is an individual who may face challenges when making important day-to-day decisions. In most cases, courts deal with circumstances surrounding medical or financial matters, where the conservatee cannot make sound decisions and may require support from a conservator. There are different types of conservatorships, depending on the needs of the conservatee.
A conservatorship is different than a guardianship in that this process only applies to adults. In both instances, the conservatee is afforded the same rights and protections. A court and an attorney will perform roles that are aimed toward determining if a conservatorship is necessary and a conservator is trustworthy.
What is a Conservatorship?
Mental capabilities typically play a central role in a conservatorship request. If a proposed conservatee is able to make some medical or financial decisions, the conservator may obtain limited conservatorship. Completely incapacitated conservatees who cannot communicate may require full support from a conservator.
All the information that is submitted to the court and voluntary attorney may contribute to any determination. As a potential conservator, you may wish to engage with an experienced conservatorship attorney near West Hollywood. Your attorney can provide legal guidance and help you complete and file all required forms. This part of the process will have a major impact on how the court arrives at its decision. If you want to ensure that your loved one does not fall victim to abuse, it is crucial that all pertinent information is included with relevant forms.
A court-appointed attorney will hold meetings with the conservatee, their friends and family. All details and information garnered during these meetings will inform the attorney’s report to the court which, in turn, contains recommendations on whether or not a conservatorship is necessary.
Benefits of Conservatorship
The court and voluntary attorney will act in the interests of the conservatee. If the petitioner or potential conservator cannot make a sound case for conservatorship, the request may be denied or limited. In the majority of cases, proposed conservatees are vulnerable individuals who genuinely need support. However, this support is not always welcomed, and the court may need to make a determination based on available facts.
Taking away full decision-making capabilities from a conservatee is not always the most beneficial solution. Many individuals experience diminished mental capacity but are still able to manage things like taking medication and attending medical appointments. In such cases, the court may decide that the conservator should only take on financial responsibilities on behalf of the conservatee.
A conservatee deserves the highest quality of life possible. In making a determination, the court will weigh all available evidence and either create a conservatorship that provides appropriate protections or deny the request due to lack of supporting information. These determinations are intended to ensure that the proposed conservatee is not harmed by any decision made by the court.
Are you sure conservatorship is the right option for you and your loved one? Get answers to any questions you may still have by contacting Susan B. Geffen at her California offices. As an experienced conservatorship attorney, Susan can help you complete and file all the forms needed to complete the process.
You can reach out to Susan Geffen near West Hollywood if you have any further questions or concerns surrounding conservatorship. All consultations are fully confidential and aimed toward helping you make informed choices when it comes to the well-being of your family member or friend.