Anyone seeking conservatorship of another adult must understand the legal responsibilities associated with the role. For example, under the law, a conservator has almost unlimited power to control all aspects of another person’s life. As a result, courts will only grant this power when individuals cannot properly care for themselves or become incapacitated.
Conservators carry a strict duty to act in the best interests of their conservatees. Therefore, the process of becoming a conservator in Orange County is often rigorous. If you believe that a family member or loved one requires this protection, reach out to a seasoned guardianship attorney who could provide more information about how courts grant people conservatorship power.
Why a Conservatorship May be Necessary
Generally, most people in Orange County have the power and ability to control their own affairs. Courts will only intervene to change this dynamic if it becomes clear that this ability is compromised. Therefore, the burden falls on parties asking for conservatorship powers to demonstrate the need for this order.
An inability to control one’s affairs may result from a physical injury, especially those that leave a person in a coma or vegetative state. Of course, it is also possible that mental health concerns, such as Alzheimer’s Disease or dementia, could result in a loss of cognitive ability. The need for a conservator’s protection may be less apparent in these cases. A skilled attorney could provide examples of situations where conservatorship may be appropriate given an individual’s circumstances.
What the Court Will Examine When Considering an Application for Conservatorship Powers
The power of a conservator to control the lives of their conservatees is substantial. It follows that courts will only grant this power if it is necessary. To accomplish this, California Probate Code § 1826 states that the court will usually appoint an investigator to evaluate the potential conservatorship. Investigators will review the abilities of the potential conservatee and decide if a possible conservator could adequately meet the legal obligations of the role.
Part of the petition process involves providing notice to other interested parties regarding a possible conservatorship. Therefore, interested parties, including a potential conservatee’s family members, are entitled to object to the proposed arrangement if they disagree that it is in their loved one’s best interest.
Finally, the court will provide an attorney for the proposed conservatee, called conservator ad litem, who protects their interests during conservatorship hearings. A lawyer in Orange County could provide more information about the legal process of obtaining conservatorship powers over a person.
An Attorney Could Provide More Information About Becoming a Conservator in Orange County
Obtaining powers of conservatorship gives an individual the ability to control almost every aspect of another person’s life if they are unable to care for themselves. Therefore, anyone asking a court to issue these orders must prove that a potential conservatee cannot manage their own affairs. This proof usually involves providing medical records, financial data, and a multidisciplinary report.
A compassionate lawyer could answer your questions concerning the process of becoming a conservator in Orange County. A legal team member could also identify potential issues and help parties gather the necessary evidence to move for conservatorship. Call today to learn more.