A conservatorship is a legal arrangement in which a person is appointed to make decisions and manage the financial affairs of someone unable to do so themselves. This role has many responsibilities, and becoming a conservator includes specific legal requirements.
Establishing a conservatorship typically requires a court order. An Anaheim conservatorship lawyer could help you determine when this might be necessary and guide you through the legal process. Call Amity Law Group, LLP, today to schedule an appointment with a seasoned guardianship attorney.
How to Obtain a Conservatorship
Assuming the role of a conservator requires an individual to petition the probate court and notify all interested parties. A judge will make a final decision regarding the choice at a hearing. Obtaining a conservatorship in California requires the petitioner to complete the following steps.
File a Petition
The individual interested in becoming a conservator must first file a petition with the court. The petition will allow the proposed conservator to seek appointment as a guardian (conservator of the person), conservator of the estate, or both. Other forms, evidence about the conservatee’s condition, and information about the proposed conservator may also need to be filed with the petition.
Notify Interested Parties
Once the petition is filed, the petitioner must send notices to interested parties. This may include the conservatee and other family members or individuals interested in assuming the role.
Comply with the Investigation
The court may investigate whether the individual is no longer capable of managing their finances and whether the petitioner is a suitable conservator. The investigation may include requests for additional evidence and meetings or interviews.
Attend the Hearing
A court hearing will be scheduled, during which evidence can be presented. A judge will then determine whether a conservatorship is necessary and who should be appointed as conservators.
A dedicated lawyer in Anaheim could further explain the process of appointing conservatorship during an initial consultation.
The Role of a Conservatorship Lawyer
A conservatorship is a role that requires an individual to manage the personal and financial affairs of someone who is unable to make legal decisions on their own behalf. A conservator will have financial, personal, and sometimes medical responsibilities.
They must routinely report to the court and manage the conservatee’s assets to handle these responsibilities. An Anaheim conservatorship attorney has the knowledge and skills to help handle all these aspects of the role.
A lawyer could discuss the requirements of conservatorship and explain what type of evidence should be included with the petition. They could also guide the petitioner in filling out and filing the correct forms. Throughout the process leading to the trial, a legal professional could act as a guide and advocate for the petitioner.
Contact an Anaheim Conservatorship Attorney to Learn More
Conservatorship is a complex legal matter that often leads to emotional conflict among family members. While the decision is ultimately up to a judge, an experienced Anaheim conservatorship lawyer could help simplify the legal process. If you are considering conservatorship for your loved one, you can benefit from strong legal counsel standing by your side.
Your attorney could help you navigate the legal process and handle long-term requirements, including annual court reporting. If you are interested in petitioning for conservatorship, the well-versed estate planning attorneys at Amity Law Group LLP could help. Contact us today to schedule a meeting.
