When you’re concerned about the safety and wellbeing of someone close to you who has lost the mental or physical ability to make personal or financial decisions, a California conservatorship can help. By creating a conservatorship, the court will name a person to serve as a “conservator,” who will supervise the incapacitated person’s care or finances. Every situation is different, which is why conservatorships can take three different forms: The conservator can be given decision-making authority over the incapacitated person’s personal affairs (known as a conservatorship of the person), over his or her property and finances (known as a conservatorship of the estate), or both. The type of conservatorship created will depend on what’s needed under the circumstances to fully take care of the “conservatee.” Parents of a child with a disability often seek a conservatorship for their child once he or she turns 18, allowing parents to maintain the legal authority needed to protect their adult son or daughter. When an adult has a developmental disability, a “limited conservatorship” can be created that will strive to maintain the disabled person’s independence to the greatest extent possible. In situations where a person suffers from a serious mental disorder or chronic alcoholism, the court can order an “LPS conservatorship.”
For many, a California conservatorship becomes vital for aging parents and other elderly persons who can no longer meet their basic living needs to take care of themselves. Even so, these are not the only circumstances in which a conservatorship can be beneficial. A serious injury or illness may have caused someone to lose the ability to physically take care of him or herself, or to competently make financial decisions. A famous example involves Britney Spears. Recently, the San Francisco Chronicle’s entertainment blog reported that Britney Spears’ conservatorship was extended, at least for the near future. Spears’ father first became her conservator and maintained power over his daughter’s company after she was hospitalized for a psychiatric hold in 2008. In any case, just as important as the question of whether a conservatorship is needed, is the question of who should be appointed conservator. It’s a decision that should only be made after learning about a conservator’s legal duties and what it means to be responsible for the care of an incapacitated person. Among other things, the conservator will provide accountings of income and expenses incurred in managing the incapacitated person’s affairs. The probate court will supervise the conservatorship to ensure that the incapacitated person’s affairs are reliably taken care of and that the protected person’s rights are abided by. Litigation can result if a conservator breaches his or her duties to the person being taken care of.
Conservatorships can be very demanding, and in light of this we’ll discuss whether a conservatorship is required, or whether there’s another way to meet the needs of your loved one that can be more appropriate and less costly. For example, living trusts and durable powers of attorney are alternatives that may be available. Even so, there are circumstances where a conservatorship is the best solution because it can go beyond a power of attorney. There are many who profit from taking advantage of another’s incapacity, and a conservatorship can protect your loved one from potential fraud when he or she no longer can. In the case of an aging parent or loved one, a conservatorship can also protect against elder abuse. We’ll provide you with the information and advice you need in deciding whether to become a conservator, prepare your petition, and work to prove the necessity of a conservatorship in court. We’re here to help conservators perform their duties and defend against wrongful claims, or can represent you if you have reason to contest the conservatorship. San Diego Law Firm’s conservatorship lawyers can work to better protect your loved one and minimize tension and stress within your family. Get help in finding the best solution available by contacting San Diego Law Firm at (619) 794-0243.
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