Claremont Conservatorship Attorney
A conservatorship is a legal arrangement in which a person is named to manage the financial or personal affairs of someone who is unable to make their own legal decisions. If you have a loved one who–due to age, mental capacity, or disability–can’t make legal decisions for themselves, a Claremont conservatorship lawyer can help you create a plan for the future of your family. Your attorney can give you the peace of mind that comes with knowing they will be cared for no matter what.
The legal team at Gaudy Law has extensive experience with estate planning and probate concerns. One of our skilled conservatorship lawyers can help you make the decisions that are right for your family so you can know that their safety, security, and dignity are protected.
Conservatorship in Claremont
In a conservatorship, a judge names a conservator to care for another adult who is not capable of caring for their finances and/or other personal matters. The conservator can be a family member, a friend, or another responsible adult. The person who needs assistance is called the conservatee. Conservatorship can cover a person’s physical needs, financial matters, or both.
- Conservatorship of the person covers a person’s basic needs, like food, clothing, housing, health care, enrichment, education, socialization, and hygiene. In some cases, the conservator may need to make medical decisions on behalf of the conservatee.
- Conservatorship of the estate covers financial matters like protecting the conservatee’s income and property, ensuring their bills are paid, handling investments and taxes, and reporting to the court and other parties as required.
According to the most recent data, nearly 1 in 5 people in Claremont is 65 years old or older, and about 2,245 people under 65 have disabilities. While not all older or disabled people need conservatorship, there were 5,217 conservatorship cases in Los Angeles County Superior Court in the last year, most of which were handled at the Stanley Mosk Courthouse on North Hill Street.
Types of Conservatorship
The two main types of conservatorship are general conservatorship and limited conservatorship. Either can be applied to the person, the estate, or both. Depending on the case, a judge may name the same person as conservator for both, or they may name separate conservators for each.
There is a third type of conservatorship that is related to certain severe mental illnesses, but family members can’t initiate these. Rather, they are typically started by mental health care providers at a facility where the person receives treatment.
General Conservatorship
When a person is deemed unable to manage their own affairs or make legal and financial decisions for themselves due to a disability, illness, or incapacitating condition, a conservator is granted authority to make broad decisions for the person’s life. This can include determining where they reside, choosing what kinds of medical treatments they receive, and making sure their daily needs are provided for.
For example, a person with dementia or another condition that prevents them from being able to understand the complexities of caring for themselves and making decisions about their life may need a general conservatorship.
Limited Conservatorship
Some people may have developmental disabilities or other conditions that mean they can manage some aspects of their lives but need assistance with more complicated elements. In these cases, a limited conservatorship can allow them as much independence as possible while still ensuring their safety and security. For a limited conservatorship, a judge decides how much assistance the conservatee needs and grants the conservator authority over one or more of the following:
- Where the person lives and what education they receive
- Access to the person’s confidential documents and records, such as finances or medical records
- If the person can enter into a contract
- The person’s social and sexual relationships, including getting married
- Medical consent
Temporary and Short-Term Conservatorships
In some cases, a short-term conservatorship may be granted if a conservatee may only need assistance for a short period, such as after a stroke, illness, or accident. A temporary conservatorship may be granted to allow for a permanent solution to be agreed upon. This protects the conservatee from abuse, neglect, or manipulation and provides a conservator with limited authority to address their immediate needs.
FAQs
Q: How Much Does an Attorney Charge for Conservatorship in Claremont?
A: How much an attorney charges for conservatorship in Claremont can vary and depends on several factors, such as the complexity of the case and the attorney’s experience and reputation. The factor that most impacts cost is whether the conservatorship is contested, especially whether it has to go to trial. If the case does not have to go to trial, legal fees are generally lower.
Q: Do I Need an Attorney to File for Conservatorship in California?
A: No, you do not need an attorney to file for conservatorship in California. However, it is recommended to consult with an attorney to ensure that the paperwork is legally sound. In cases that are complex or contested, an attorney can help you navigate the process, provide legal advice, negotiate with other parties, and, if necessary, represent your interests in a trial before a judge.
Q: How Do I Fight a Conservatorship in California?
A: You can fight a conservatorship in California in several ways. In general, someone may contest their conservatorship if they do not believe they need a conservator or if they have previously had a conservator but no longer do. Another individual may contest the conservatorship if they believe they should be the conservator due to a higher priority relationship or better capability. A qualified conservatorship lawyer can help you provide evidence to support your claim.
Q: What Is the New Law About Conservatorship in California?
A: The new law about conservatorship in California is Senate Bill (SB) 43, which expands the definition of who is eligible for an involuntary hold for medical treatment and potentially eligible for conservatorship. Now, it includes people who have a substance use disorder or mental health disorder so severe that they are not able to provide their own basic needs, such as eating, housing, clothing, hygiene, and safety.
Contact Gaudy Law
If you are considering a conservatorship for a family member, it’s time to reach out to a skilled attorney. The experienced legal team at Gaudy Law handles all types of conservatorship cases, whether they are straightforward or complex. Contact our office today to schedule a consultation.
