A central concept in state law explains that every adult has the sole authority to make decisions about their own lives. This includes the right to provide for their needs and care for their own well-being. However, situations can arise where a physical injury or mental health condition jeopardizes an individual’s ability to make these important decisions. When this occurs, concerned friends or family members may want to consider seeking out something known as a conservatorship.
A Huntington Beach conservatorship lawyer could provide more information about this legal arrangement, explain the process behind pursuing this option, determine whether it is necessary, and help your family submit an airtight application. Our dedicated guardianship attorneys are here to take over your case.
How to Apply for Conservatorship
There may be no doubt in a person’s mind that their friend or relative needs assistance in providing for their everyday needs. Conservatorship might seem like the perfect option in many different situations. However, acquiring a conservatorship protection is not as simple as one would imagine – courts do not issue these powers without significant consideration and evaluation.
Therefore, conservatorships are only possible after the situation is carefully analyzed. Under California Probate Code § 1821, petitions for appointment as a conservator must include information about:
- The subject’s apparent need for assistance
- How another party would be able to help
- If this other person would be able to live with the subject
- The subject’s status with social services
When establishing this, an investigator will provide an independent opinion as to the subject’s need for help and the petitioner’s ability to provide it. Making an application as strong as possible involves detailed evidence and careful planning. Thankfully, a resourceful attorney in Huntington beach could help boost the impact of a conservatorship petition.
Not Every Conservatorship is Equal
In general, a conservatorship places the well-being of a person into the hands of another. However, state law recognizes two different forms of this arrangement. The person seeking conservatorship powers must request the specific authority that they believe would best help the subject. Therefore, understanding the options that people choose is a crucial part of getting started.
The first variant is known as conservatorship over the estate. In short, this refers to the authority to make financial decisions on behalf of the subject. The powers here are significant; a someone with this authority can pay bills, sign contracts, and pay taxes to preserve the financial health of the subject.
The second form is conservatorship of the person. This is the ability to act as a caretaker of the subject’s physical and emotional well-being. Parties with this power can take all necessary action to provide a safe living space and maintain the health of the protected individual. If a family needs help determining which form of conservatorship would work best for them, they should meet with an intelligent lawyer in Huntington Beach.
Contact a Huntington Beach Conservatorship Attorney for Guidance
Many people require direct intervention into their lives through a friend or loved one. Fortunately, a court-appointed conservator can act to protect the finances and day-to-day needs of a person if a mental or physical condition leaves them unable to make important decisions without oversight.
If you believe that a loved one needs this protection and you want to serve in this role, a Huntington Beach conservatorship lawyer could explain how to get started. They could answer questions, establish what you will need to prove, take the lead in obtaining medical evidence, and help prove your case in court. Reach out to today to schedule your initial consultation.