Conservatorship and Guardian Attorney in Los Angeles
Conservatorship is a legal action that allows a responsible party (a conservator) to care for another person (the conservatee) when they are unable to physically care for themselves or handle their own finances. During a conservatorship case, the court reviews many factors and makes a ruling on who should provide for the conservatee’s needs. Any adult can request to become a conservator or guardian, but the ultimate decision belongs to the judge. If you’re seeking a conservatorship, an attorney who practices conservatorship and guardianship law can help you present a solid, convincing case in a court of law.
Conservatorship/Guardianship
When a judge is deciding what is in the best interest of a potential conservatee—a child, elderly individual or incapacitated person, for example—they look at the various qualities the proposed conservator has to offer. In a best-case scenario, the conservatee may be able to simply identify who they want to act as their conservator. In many circumstances, however, a conservatee is unable to declare their desired conservator and the court will often consider alternative options such as a spouse, a domestic partner, an adult child, a parent, a sibling, or a public guardian. An attorney whose focus is in the field of conservatorships can represent potential conservators clients in the California courts.
Estate Planning
With an estate plan, a conservatorship or guardianship can quickly be resolved without the involvement of the court. Part of a comprehensive estate plan is a contingency clause that would appoint a guardian or conservator in the event an emergency arises, and the principal is unable to articulate their wishes at that time. An elderly person, for instance, may state who is to provide care, security, and support during a future period of potential infirmity. Depending on the situation, a prospective conservatee may have an estate planning and conservatorship attorney vet different types of conservators.
Probate Conservators
There are two types of probate conservators: conservators of a person and conservators of the estate. A conservator of a person ensures that the conservatee is well cared for. Those responsibilities could include arranging trips to the doctor, monitoring medications, preparing meals, and other things involving personal care. A conservator of the estate handles a conservatee’s financial matters, such as paying their bills and monitoring their income. The conservator of a person and the conservator of an estate do not necessarily need to be the same person, but they often are. An attorney working with conservatorships and guardianships can file the documents necessary and petition the courts for the appropriate type of arrangement for you.
The Law Office of Colette T. Davis: Serving Clients in Greater L.A.
Without proper planning the need for a conservator or guardian can be a rather difficult matter. The choice of the conservator and the disagreement in the family can cause the process to be timely, expensive and cause much discourse among family members. If there is disagreement in the family about who should act, the court may appoint a private profession, cutting out all family members. It’s always best to consult an attorney with expertise in this area. Working on behalf of the elderly or infirm requires special knowledge and sensitivity to be effective. No one wants their loved one to be taken care of by a stranger without input from the family. Preparing and planning how a loved one will be cared for can make all the difference in the quality of life for the conservatee and harmony in the family. Be sure you are able to provide care for your family and hire a conservatorship and guardianship attorney in Los Angeles to help you devise a plan and avoid unfortunate situations arising in the future. Call for a free consultation to ensure your family’s future.