Ontario Conservatorship Attorney
When a family member cannot make responsible legal decisions for themselves, their loved ones often seek a conservatorship to establish supervision over their affairs. While this is not an easy process, the complexities can be diminished with the aid of an Ontario, CA, conservatorship lawyer. Having a conservatorship lawyer navigate the California Probate Code in the Rancho Cucamonga Superior Court can protect the rights and assets of your family member. Their work can also ease your stress as well.
At Gaudy Law, we want every client to be a happy client, and we work hard on every case to make sure our clients are thoroughly satisfied with their experience with our firm. From our comfortable office and friendly legal team to our straightforward rapport and affordable services, we want to represent and protect your loved one. We can work through your legal struggles to obtain the result you need.
Circumstances That Warrant a Conservatorship
Many families consider a conservatorship as a solution to a loved one’s problem, but they aren’t fully sure if their loved one’s situation qualifies them for a conservatorship. You can apply for a conservatorship for someone who is unable to manage their finances due to an inability to care for themselves. The most common conservatees are adults with developmental disabilities or elderly individuals who cannot manage their own affairs.
Conservators are also often appointed to oversee the affairs of adult conservatees. These individuals often have severe mental health issues or substance use disorders, so they cannot safely care for themselves. Some specific examples of when a conservatorship might be your only option are:
- The individual has a mental disability, like Alzheimer’s or dementia, that prevents them from making appropriate decisions.
- The potential conservatee has a limited physical capacity, which prevents them from properly caring for themselves in their affairs.
- The person has a chronic substance abuse disorder related to drug and alcohol abuse.
- The individual is unable to resist undue influence or fraud due to their condition.
- When it is not possible for someone to give power of attorney, a conservatorship is an alternative solution.
It is important to remember that conservatees have rights, and an Ontario, CA, conservatorship lawyer can explain your exact role in this process.
Types of Conservatorships in California
There are two types of conservatorships: a general conservatorship and a limited conservatorship. In either capacity, the conservator may be allocated to take care of just the physical person, referred to as conservatorship of the person, and/or the finances of the conservatee, referred to as conservatorship of the estate.
A general conservatorship gives the conservator all powers and responsibilities except those that are deemed unnecessary. A limited conservatorship grants the conservator powers that are strictly limited to up to seven specific areas, based on the conservatee’s needs. The seven powers of a limited conservatorship are:
- Power over the conservatee’s residence or place of dwelling
- Power over the conservatee’s confidential papers, records, etc.
- Power to withhold or provide consent for the conservatee to marry
- Power to override the conservatee’s decision to enter into a contract
- Power to permit or withhold consent for medical treatment on behalf of the conservatee
- Power to control the conservatee’s freedom for social relationships, including sexual ones
- Power over decisions regarding the conservatee’s education
A temporary conservatorship is also an option for emergency intervention. In some cases, the state itself may seek a conservatorship if there are no better options. In 2023, the California Department of Developmental Services acted as the conservator for 400 individuals.
To learn more about which conservatorship is right for your situation, discuss your case with an Ontario, CA, conservatorship lawyer.
FAQs
Q: Do You Need a Lawyer for a Conservatorship in California?
A: There are 161 forms that result from clicking “Conservatorship” on the popular topics menu on California’s Find Your Court Forms website. While these aren’t all necessary to file for a conservatorship, it’s difficult to know which ones you need. Not only can a conservatorship lawyer navigate the complex legal processes, but they can also protect your rights and offer sound advice in your case.
Q: What Is the Average Cost of a Conservatorship in California?
A: Like many legal processes, it is difficult to pinpoint the average cost of a conservatorship. The final total will depend on many factors, including:
- The complexity of the case
- The amount of documentation needed to prove the need for a conservatorship
- The attorney’s fees
- Other miscellaneous costs that are unforeseen outside each unique scenario
To get a realistic idea of the cost of a conservatorship, speak with an attorney you trust.
Q: How Do I Fight My Conservatorship in California?
A: In Ontario, CA, an ideal resource to fight a conservatorship in California is to hire a conservatorship lawyer to offer ideal advice and legal counsel. You will need sufficient evidence to show how your conservator has exhibited misconduct regarding your conservatorship. Testimonies from those who are close to you, as well as from professional third parties, can also support your case.
Q: What Is the New Law About Conservatorship in California?
A: The new law regarding conservatorships in California expands eligibility, so individuals with severe mental health and substance-use issues can get more support for their personal safety and medical care. One of the more dramatic changes is that conservatees have more say in the matter regarding whether they need a conservatorship, making it easier to dissolve conservatorships for conservatees.
Contact Gaudy Law
If you are concerned about a family member who cannot make legal decisions on their own behalf, you have everything to gain by speaking to an Ontario, CA, conservatorship lawyer. They can answer your questions regarding petitioning for a conservatorship. Gaudy Law has the experience and resources to help you determine what kind of conservatorship you need and what powers of conservatorship are necessary in your loved one’s situation.
Gaudy Law can assist in obtaining approval from the court, ongoing reporting, and other related legal matters. Contact Gaudy Law to speak with our knowledgeable and accommodating staff about your legal needs regarding conservatorship.
