If you are considering requesting conservatorship, it is essential to understand that the process is solely designed to benefit the conservatee. As the individual who may have to relinquish certain decision-making rights, the conservatee is protected under the law. Experienced conservatorship attorney Susan B. Geffen can provide help near Woodland Hills, CA.
A conservator may petition a probate court to take over certain day-to-day responsibilities of a friend or loved one. However, the court is not obligated to take the word of the potential conservator alone. The process is complex and requires input from various parties who can provide information about the proposed conservatee.
Although different terms are used to describe taking over decision-making responsibilities for a child or adult, conservatorship and guardianship offer many of the same protections. Both require a petitioner to file several forms with a probate court, and a court-appointed attorney will act on behalf of the proposed conservatee.
What is a Conservatorship?
If an individual is born with a developmental condition or suffers from diminished cognitive abilities due to age or illness, a family member may wish to help with important medical or financial decisions. As a potential conservator, you cannot simply take over responsibilities that involve the handling of sensitive data or decisions. These matters must be decided by a probate court in order to hold any legal validity.
Any information that is included in required forms filed with the court may impact a conservatorship outcome. The court and an attorney will play roles in the process that are independent of the forms filed by a petitioner. For instance, the attorney will interview persons associated with the proposed conservatorship, including the conservatee and his or her family members and friends.
Any information gathered by the attorney is then collated in a report, with recommendations to the court on whether or not a conservatorship is a necessary legal mechanism for that case. There are several other factors that may add to the complexity of any given case, so hiring an experienced attorney as a potential conservator is a good idea.
Benefits of Conservatorship
There are no legal benefits for a conservator other than the ability to handle conservatee decisions without running into barriers due to laws surrounding privacy and data protection. Ultimately, the process is aimed toward providing benefits for proposed conservatees, regardless of an individual’s circumstances.
Making decisions about medical treatment or financial matters is important to most people. Regardless of whether a proposed conservatee is partially or completely incapacitated, the individual is still deserving of dignity and respect under the law. You, as a conservator, may obtain control over some or all major decisions that impact on the conservatee. However, the conservatee’s assets are also protected by a bond in case of criminal actions or abuse on the part of the conservator.
As a conservator, you are responsible for providing the conservatee with a better quality of life by taking over certain decisions. As such, the court will endeavor to create a conservatorship that is appropriate to the conservatee’s needs. If you are unsure how to provide your loved one the most appropriate protections, discuss your needs with an experienced conservatorship attorney.
Susan B. Geffen has the skills and knowledge you need to navigate this complicated legal landscape. At her Los Angeles offices, Susan welcomes every client with compassion and with the understanding that all conversations are held in the highest confidence.
You can reach out to Susan near Woodland Hills with any questions or queries related to conservatorship in California. Call today to arrange your primary consultation in Los Angeles. We look forward to helping relieve some of the stress associated with putting mechanisms in place to support your loved one.