A Gardena conservatorship lawyer can help you understand your legal options when someone you love can no longer manage their personal care or finances on their own. When it is necessary for another individual to step in to keep this individual safe and cared for, a lawyer can help you navigate the process of appointing a conservator through the courts.
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The legal team at Cox Law Group, Inc. has three decades of experience helping families navigate estate planning and other legal avenues for protecting their loved ones, including conservatorship. We have also been rated by Super Lawyers and are a member of the Premier Practice Institute. However, awards and recognition do not guarantee future results. Selection criteria vary by organization.
Beyond our skilled attorneys, our team is comprised of certified paralegals and notaries. We also have multiple staff members who are fluent in Spanish.
California’s conservatorship laws allow the court to appoint someone to help manage another person’s personal needs or finances. The person getting assistance is the conservatee, while the conservator is the individual providing help.
During a conservatorship case, the court evaluates a potential conservatee’s circumstance and capacity to care for themself and their finances. Only if there is an actual need for assistance will a conservatorship be established.
In Gardena, conservatorship cases are handled through the Superior Court. Often, cases are heard in the Stanley Mosk Courthouse at 111 North Hill Street, Los Angeles.
Not all conservatorships are the same. Cases vary depending on the conservatee’s needs. Two of the most common types include limited and general conservatorships.
A general conservatorship involves a conservator having more general authority over the conservatee’s care or finances. This type of conservatorship may be necessary if an individual is experiencing unexpected cognitive decline. For example, an adult who suffers from dementia or a stroke may benefit from this type of conservatorship. The two types include:
Conservatorship can also be limited. A limited conservatorship is when the conservator only has certain, limited responsibilities, rather than broad authority. Often, this is used when an individual has difficulty with only a few specific tasks, but is able to retain other rights and responsibilities. Adults with lifelong developmental or intellectual disabilities often have this type of conservatorship.
California courts carefully evaluate whether a conservatorship is truly necessary and what authority should be granted, so as not to unnecessarily restrict the conservatee’s independence. Often, evidence of the potential conservatee’s abilities and physical and mental state is used to determine this, such as medical records, witness statements, or financial records.
The court must evaluate less-restrictive alternatives before establishing conservatorship. Some of the alternative tools for providing support to an individual include power of attorney, advance health care directive, and supported-decision-making arrangements.
Some key statistics about conservatorship in California are:
A conservatorship case is not as simple as simply choosing an individual to care for another adult. There are several court procedures, forms, and hearings that may occur. Working with a Gardena conservatorship lawyer can help you navigate these proceedings while protecting the rights and safety of the potential conservatee. A lawyer may help you:
While it is not a legal requirement to work with a lawyer during a conservatorship case, it is a good idea. If you hire a conservatorship lawyer, they can determine whether a conservatorship is appropriate or if another legal tool may be more helpful, prepare a court petition, gather evidence to support your case, and manage important court filings. A Gardena conservatorship attorney can be especially important if involved parties disagree on important matters.
Who pays for a conservator often depends on the specific circumstances. In general, a conservator is paid from the conservatee’s estate. This is especially common if a professional conservator is appointed. However, when family members or close friends serve as a nonprofessional conservator, it is also possible that they do not receive compensation.
One disadvantage of a conservatorship is that it can restrict the conservatee’s ability to make their own personal, medical, or financial decisions. Because of how restrictive a conservatorship can be, the court reviews cases carefully to determine whether the loss of independence is necessary given the advantage that conservatorship can have on the conservatee.
The better option between power of attorney and a conservatorship depends on the needs of the adult needing assistance. A power of attorney may be better if the individual has the capacity to authorize someone else to act on their behalf and can voluntarily create it. Because a conservatorship is court-appointed, it can be necessary when an individual does not have the capacity to manage their own affairs or appoint another individual to act on their behalf.
It can be stressful and worrying when a loved one isn’t able to manage their own affairs. Establishing a conservatorship can help you have peace of mind that they are safe and cared for. Contact Cox Law Group, Inc., to learn how we can help you establish a care plan while still protecting that individual’s rights.
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