Controlling your own finances is central to retaining quality of life. Unfortunately, situations do arise where it is impossible for people to make these decisions independently. When your loved one cannot manage their assets, you can petition the court to grant a conservatorship over their financial affairs. However, the court will only give this power if you demonstrate that your family member lacks decision-making capabilities.
If you are considering becoming a conservator in Rosemead, a lawyer may be able to help. Alternatively, a dedicated conservatorship attorney could assist those who plan to contest these motions in court.
What is a Conservatorship?
A conservatorship is a legal order that allows one person to make financial decisions on behalf of another individual. In this context, these orders apply only to adults and differ from a guardianship. For example, anyone with guardianship powers can make decisions concerning every aspect of another person’s life—including choices about medical care, obtaining proper housing, and even buying food.
By contrast, a conservator can only make decisions regarding the person’s finances, like filing taxes, paying bills, creating budgets, and overseeing the sale of their property. Therefore, a conservatorship is far less complex than a guardianship and requires less evidence. Nevertheless, it can be an essential tool when someone suspects that another person cannot handle their financial well-being. A seasoned lawyer in Rosemead could provide further information about the expectations of a person who steps into the role of a conservator.
How and When Will the Court Grant a Conservatorship?
Anyone who holds conservatorship over another has broad powers under the law. As a result, the court will only grant these orders under specific circumstances: the petitioning party must prove that the subject of the order lacks sufficient capacity to make financial decisions. According to California Probate Code § 1821, those considering becoming a conservator must be able to prove that the subject needs help. Additionally, potential conservators in Rosemead must provide information about the subject’s current finances and the ways in which they can assist the individual.
Evidence of the need for a conservator can vary. In general, a doctor’s notes that indicate a loss of cognitive function are helpful, as well as financial documents that prove a consistent failure to pay bills despite having available resources. A legal representative can educate individuals on the legal procedure for appointing a conservator and gather evidence that indicates the need for financial supervision.
Speak With an Experienced Attorney in Rosemead About Becoming a Conservator
As many people approach their golden years, they may begin to lose their ability to care for themselves. The inability to make sound financial decisions is often one of the first signs of this. In these situations, a concerned party may petition the court to issue an order of conservatorship over the incapacitated person’s finances.
It is important to remember that this is not a guardianship. Instead, a conservator only has the power to make financial decisions—not medical choices or other quality-of-life decisions. Whether you are looking to obtain a conservatorship over another party or need to contest a motion in court, an attorney could help. Call our office today for more information about becoming a conservator in Rosemead.
