One of the central aspects of the law is that an adult has full autonomy over their life. Unless a court orders otherwise, or a person willingly signs away their rights, only that individual has the ability to purchase property, sell assets, and care for their financial wellbeing. Unfortunately, situations may arise where an adult is no longer able to perform these acts or make sound decisions. When this becomes a concern, interested parties or loved ones may petition a court for an appointment as a conservator. A conservator has the lone ability to care for the needs of the other person. This can involve making decisions for day-to-day life, a person’s finances, or both.
A Rosemead conservatorship lawyer could help if you suspect that a loved one is struggling with caring for their financial wellbeing or making important decisions. Our attorneys could explain the legal process, gather the necessary evidence, and present your petition to the court.
What is a Conservatorship?
Conservatorship is the legal process whereby a court grants one person the legal ability to act on behalf of another. This is only possible when the court determines that the subject of a proposed conservatorship or ward is unable to perform these acts on their own. This may be a product of either a physical or mental limitation.
There are two ways in which a person may have conservatorship. When someone is a conservator of the person, they can take care of any of the daily needs of their ward. This could include taking the ward to doctor appointments or finding a place to live. A person may also have conservatorship of the estate. Here, a conservator has the sole power to make financial decisions for the ward. This could include paying bills, selling real estate, or collecting income. A Rosemead attorney could further explain the concept of a conservatorship and the different options available under the law.
How Does the Court Handle a Petition for Conservatorship?
Courts may only grant an order for conservatorship if a petitioning party can prove that the order is necessary and in the best interests of the potential ward. According to California Probate Code §1821, the moving party must demonstrate to the court’s satisfaction that the order is a requirement for the subjects, welfare, financial wellbeing, or both. The statute states that the petitioner must address the following topics:
- The ability of the subject to provide for their own needs
- Whether the conservator would be able to live with the ward
- Any potential alternatives to a conservatorship
- Any health or social services received by the subject and the conservator’s knowledge of these services
- The inability of the ward to care for their finances
Another major factor in whether the court will appoint a conservator is an investigator’s report. This investigator will interview the prospective conservator to determine their fitness to serve in this role. The investigator may also evaluate whether the conservator is enacting any undue influence over the potential ward. A Rosemead lawyer could help parties understand the legal processes involved in requesting a conservatorship.
Reach Out to a Rosemead Conservatorship Attorney Today
A time comes in many peoples’ lives when they are no longer able to care for their own wellbeing. This can involve both their day-to-day activities and handling their financial affairs. When this becomes a problem, a family member or any loved one may petition the court for appointment as a conservator.
A Rosemead conservatorship lawyer could help by explaining the law that governs the process and fighting for your rights as either a potential conservator or a possible ward. Contact our attorneys today to learn more.