A time arrives in many people’s lives when they are no longer able to care for their own needs. This can result from illnesses that impact a person’s mental capacity or injuries that affect a person’s ability to provide for their own wellbeing.
When this occurs, it may be necessary to rely on others for support as well as decision-making. The most effective way to accomplish this is to empower a conservator to take the lead. A Tustin conservatorship lawyer could help you with this legal process if your loved one is no longer able to make financial decisions or care for their wellbeing. Our guardianship attorneys could assess your situation, obtain the necessary documentation, and prepare petitions for presentation to the court.
What is Conservatorship?
The law always presumes that people over the age of 18 have the sole authority to control their lives. This includes the ability to make decisions concerning their legal rights, medical conditions, and finances. However, health issues may arise that compromise a person’s ability to take care of these aspects of their life on their own. If this is the case, a conservatorship may be appropriate.
There are two kinds of conservatorships under state law. The first is a conservatorship over the estate. This gives someone the power to make financial decisions for the ward, or person who is under the conservator. This can involve the transfer of property as well as paying bills.
The second is a conservatorship of the person. Here, the conservator can take any action that they consider necessary to provide for a ward’s stable living conditions. In some situations, a potential conservator may ask for a joint appointment. A Tustin attorney could determine what form of conservatorship best fits a particular situation.
The Legal Process for Seeking Conservatorship
With conservators having significant authority to control the lives of their wards, it is understandable that these parties must prove that this relationship is necessary. Only the state’s probate courts have the authority to create a conservatorship and the parties asking for these powers bear the burden of proving that these orders are necessary. There are a variety of topics that a petition for conservatorship must address. Under California Probate Code § 1821, these include:
- The reasons why a potential ward requires help
- If the conservator would be able to live with the ward
- Whether a ward is able to care for their own finances
- Whether the ward is receiving social services and whether the conservator is aware of these services
In addition, the court appoints an investigator to evaluate the application and the potential ward’s situation. This investigation must determine what the person needs and whether the drastic step of appointing a conservator is necessary. A Tustin lawyer could help potential conservators understand what they need to prove to receive conservatorship.
Speak with a Tustin Conservatorship Attorney
Many people require help at some point in their lives. This can be due to progressing diseases that impact a person’s mental faculties or injuries that result in severe limitations. When this happens, conservatorship may be a beneficial choice.
If you believe that a loved one needs your help, reach out to a Tustin conservatorship lawyer today. They could explain the reasons why a conservatorship may be necessary, and provide essential guidance through the legal process.