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When adults can no longer care for themselves, a conservatorship allows another individual to take control over their estate and well-being. Conservatorships are useful tools for family members who are concerned about aging loved ones. These legal agreements are made with everyone’s best interests in mind. If you’re considering establishing a conservatorship or your family members have started the conservatorship process for you, you need to contact an experienced conservatorship attorney.
Our law firm has years of experience representing older adults and their family members. We can offer advice on conservatorships, help you gather evidence, and provide guidance on the next steps. No matter what your situation is, our team is confident we can help.
Contact Patricia Scott Law at 510-984-2390 to speak to a conservatorship lawyer today.
What is a Conservatorship?
A conservatorship is a legal agreement when a judge appoints a person or organization to care for another adult. The “conservator,” or the person who has now been appointed for care, must be reasonable and of sound mind. Anyone filing for conservatorship must prove that the “conservatee,” or the adult who cannot care for themselves, is no longer capable of managing their own finances or faculties.
There are two main components of a conservatorship:
Conservatorship Over the Person
Conservatorship over the person allows an individual to make decisions about the conservatee’s daily activities. This includes where they live, what they do, and who they spend time with. A conservator may also be responsible for upholding the conservatee’s personal care and medical treatment needs.
Conservatorship Over the Estate
Conservatorship over the estate includes the authority to make decisions about the conservatee’s assets. This includes managing property, paying bills, investing money, and collecting income.
When you establish a conservatorship, you can include conservatorship over the person, conservatorship over the state, or both. Our conservatorship attorneys can help you decide which type to seek and the best way to do so.
What Can a Conservatorship Lawyer Help With?
Conservatorship issues can be difficult to navigate without a professional on your side. There are many ways our team of conservatorship lawyers can help you, including:
Establishing a Conservatorship
When your loved one can no longer manage their own finances or health care, a conservatorship is a good option. Our team can help you file for a conservatorship through probate court to take control of their financial decisions and daily activities.
Contesting Conservatorships
Not all family members will agree about the conservatorship, whether that’s establishing it at all or naming a certain individual as a conservator. Our conservatorship attorneys will help you navigate the challenging family disputes that can arise to reach a resolution that suits everyone.
Replacing a Conservator
Unfortunately, not all conservators have your loved one’s interests at heart. If you believe that a conservator is stealing money or not tending to your family member’s needs, we can work with you to remove and replace the conservator.
Advising Conservators
Once you’ve been appointed as a conservator, you’re responsible for another individual’s needs and finances. Having this much responsibility can be overwhelming, which is why we’re here to help. We can advise you on your next steps and how to protect your loved one’s needs.
Ending a Conservatorship
If the person under the conservatorship has regained their capacity or the conservatorship was established under false pretenses, you may be interested in ending the conservatorship. An attorney on our team can help gather the facts of your case and present them to the court.
How is a Conservatorship Established?
Because a conservatorship is so powerful, it is not easy to establish one. You will need to petition your local probate court and provide evidence of your loved one’s incapacity.
To establish a conservatorship, you must do the following:
Gather Evidence
You must show proof that your loved one cannot manage their daily needs or their finances. A capacity declaration from their doctor can attest to their mental incapacity or mental illness. If your loved one has a caretaker, you can also use their testimony.
Petition for Conservatorship
To establish a conservatorship, you must file a petition with the court. Include details about the conservatee’s condition and why you believe a conservatorship is necessary. You will also provide information about yourself and your other family members.
File Confidential Forms
The Confidential Supplemental Information Form lets you provide more details about the information in your petition. The Confidential Conservator Screening Form goes over your relationship with the conservatee and your background.
Sign the Duties of Conservator Form
Your duties and rights as a conservator will be detailed in this document. You must meet the needs of your conservatee, whether you’re in a general conservatorship or a limited conservatorship.
Attend a Hearing
The court will investigate the facts of your case and determine whether a conservatorship is necessary. You will then attend a court hearing where a judge will make a final decision.
Should You Consult a Conservatorship Attorney?
A conservatorship is a powerful tool that allows you to care for your loved ones when they can’t take care of themselves anymore. A conservatorship attorney on our team can help you make decisions about a conservatorship and do what’s best for you and your family members.
If you’re interested in learning more about conservatorships, call our law firm today. Patricia Scott Law is here to support you. Contact us at 510-984-2390.