Conservatorship Attorney
When adults who are unable to care for themselves safely and effectively reach a point where assistance is necessary, someone else must step in to help. This assistance often comes in the form of a conservatorship, a legal process that grants a person the authority to act on behalf of the incapacitated adult.
Conservatorships, also known as living probates in some states, are court proceedings where responsible individuals are appointed as conservators for infirm or developmentally disabled adults. Anyone, including the individual in need of conservatorship, can file a petition for this legal arrangement. In California, the court prioritizes potential conservators in the following order: spouse, adult child, parent, sibling, any interested person, and the public guardian. If the first-choice conservator declines, they can nominate someone else. If no family members or friends are willing to serve, the court may appoint a professional fiduciary or public guardian.
Before a conservator can be appointed, the probate judge must determine that the proposed conservatee is unable to provide self-care and protection. The process typically takes around eight weeks in California, but this duration can extend if there is opposition. In urgent cases, a temporary conservator may be appointed within a few days after filing. A conservatorship attorney can evaluate the specific circumstances to determine if a conservatorship is necessary.
Who Covers the Costs of Conservatorship?
Conservatorship attorneys and the conservators they represent are entitled to reasonable compensation for their services, which is paid from the conservatee’s estate. Fee petitions must be filed with the probate court, and interested parties can object to excessive fee requests. Judges review these petitions and objections before approving payments, which are then made from the conservatee’s bank accounts.
Understanding the Scope and Types of Conservatorships
Conservatorships involve two main aspects: conservatorship over the “person” and conservatorship over the “estate.” The former grants authority over the conservatee’s daily activities, residence, social interactions, and more. The latter involves managing the conservatee’s assets, including property, income, bills, and investments. A conservator’s authority can encompass both aspects or be limited to one or the other, depending on the situation.
There are different types of conservatorships:
- Regular Conservatorships: These are the most common and assist aging adults with diminishing mental capacities. Conservators in regular conservatorships have full decision-making powers.
- Limited Conservatorships: Similar to regular conservatorships, these are specifically for developmentally disabled adults, granting limited decision-making authority due to the individual’s capabilities.
- LPS Conservatorships: Designed for individuals with serious mental illnesses needing special care and treatment. These conservatees typically reside in secure facilities or receive medication for behavioral control. LPS conservatorships are not suitable for individuals with dementia, who are better served under regular conservatorship proceedings.
Recognizing the Need for Conservatorship
Determining the right time to seek a conservatorship can be challenging. Warning signs, such as the inability to perform daily tasks, social withdrawal, susceptibility to scams, and difficulty managing finances, may indicate the need for intervention. It’s common for family members to deny the aging process, but when a loved one’s safety and well-being are at risk, seeking advice from a conservatorship attorney is crucial. Experienced lawyers can guide you through the process, helping you become a conservator when necessary or assisting in removing a conservator if the situation demands it. They can also help terminate conservatorships that are no longer needed.