When someone can no longer care for themselves, and you think it could be unsafe for them to remain alone, a court can appoint a conservator to make crucial decisions on their behalf. However, obtaining conservatorship over a loved one can be complex, particularly if they oppose the idea and do not want to give up their independence.
If this type of assistance may be appropriate for your loved one, a Covina conservatorship lawyer could help. They could advise you of your legal options and explain what is involved in the legal process for obtaining a conservatorship. Contact a dedicated guardianship attorney today for more information.
Understanding Conservatorships and How They Work
As people get older, they may experience progressive dementia, become incapacitated, or develop problems that interfere with taking care of themselves. This can impact their ability to make decisions regarding finances, healthcare, and living arrangements.
Some individuals anticipate that this could occur, such as when they suffer from a progressive medical condition, such as ALS. People can create detailed plans for what they want to happen in estate planning documents by setting up a voluntary power of attorney in which they plan for an agent to step in to act on their behalf if needed.
A conservatorship differs from a power of attorney because it is not voluntarily created by the person who will benefit from it. Instead, a conservatorship is a court-appointed position only created after the party who requires it becomes incapacitated or impaired.
After a court establishes a conservatorship and names a conservator, it can continue to supervise the conservator to ensure they are acting in the best interests of the person they are watching. The court can require the conservator to submit periodic reports showing their management of the estate and to report for subsequent hearings.
California law grants conservatorships of an estate, which gives a conservator decision-making authority over someone’s finances. Alternatively, a person could become a conservator of another, in which case they can make essential decisions regarding their healthcare, living, and other personal matters.
A knowledgeable lawyer in Covina could offer helpful advice at any stage of the conservatorship process.
How to Obtain a Conservatorship
If someone believes their loved one might need a conservatorship, a Covina attorney could help them petition for one and file the appropriate documents with the court.
In their petition, an individual must present evidence stating why a conservatorship is necessary, including information about the person’s finances and medical conditions. A legal professional could send the appropriate notices to the conservatorship’s subject and their interested relatives.
A court would schedule a hearing, during which the attorney could represent the interests of the person seeking conservatorship. With their years of experience, the Amity Law Group lawyers understand how to handle these matters sensitively to preserve family relationships and spare potential anxiety.
Get in Touch With a Covina Conservatorship Attorney Today
The decision and process of conservatorship is not easy. Nobody wants to admit that their loved one has become impaired or incapable of taking care of themselves. A Covina conservatorship lawyer knows how to handle these matters delicately and carefully.
They could guide the conservator throughout each stage, from the initial determination of whether a conservatorship could be appropriate to petitioning the court, representing the client in court, managing the estate, and reporting to the court. Call Amity Law Group today to speak with a reliable estate planning attorney.
