In its most basic form, conservatorships are arranged when a judge appoints a person to care for another adult. The process can be arduous and grueling, which is why you need a conservatorship attorney by your side for the whole process. The attorneys at Lanzone Morgan, LLP can assist to make the process as easy as possible.
Under the law, a person is assumed to have the capacity for good decision-making and is thus responsible for their actions. In the case of a conservatorship, it will be put in place in case a loved one is temporarily or permanently incapacitated and unable to care for themselves properly.
If you need a conservatorship attorney in Los Angeles or Orange County on a matter relating to an incapacitated person’s estate, you should contact our firm. The Court is the sole authority that can appoint someone to manage the affairs of the person who is incapacitated. The person charged with such a duty must ensure all bills are paid, all taxes are paid, and that the financial needs of the conservatee are met. Besides that, he or she must ensure accurate records are kept.
Contact our Office Regarding a Conservatorship
A portion of our law firm is dedicated to helping families and individuals who need to provide legal protection for their loved ones. If you require help with any of these issues, please do not hesitate to contact us. We serve the entire Los Angeles and Orange County areas. No matter how complex you may think your case will be, trust the attorneys at Lanzone Morgan, LLP to handle it for you.
How is a Conservatorship Established?
When it is proven that a person is not able to manage their own care or finance and does not have any documents for estate planning, the conservatorship proceeding is necessary. Various reasons besides old age can cause incapacitation; these include disease, illness, or a debilitating accident.
A conservator can be established for the person, the estate, or both the person and the estate. Besides that, the court is at liberty to establish a conservator for any minor under the care of the incapacitated person. Our conservatorship law firm can help with this process.
What Does the Law Say About Conservatorship?
A conservatorship can only be approved by the court if it finds that it is the best alternative for protection of a conservatee. The conservator is answerable to the court. He or she is entrusted with making decisions on behalf of the person in good faith based on the advice of experts, medical or otherwise. The decisions must also represent the wishes of the conservatee.
A Person’s Conservatorship
Under such a conservatorship, the person is responsible for caring for the conservatee’s health and wellbeing. This includes the food they eat, clothing, housekeeping, recreation, transportation, and other personal matters. The conservator is the one that decides if the conservatee should live at home or in an institution. If you feel someone appointed as a conservator is not doing all this, you can contact our law firm to get a professional look to ensure that the conservator is acting upon the best interests of the conservatee. If during our consultation we determine that this is not the case, we can work to get the court decision reversed.
Who Can File a Conservatorship?
Under the law, the spouse or conservatee’s domestic partner can file for it. Additionally, a relative or a close friend can make such a filing. Additionally, state or local agencies can make such a filing in court. A creditor may not make a filing unless under very special circumstances.
When filing a conservatorship, it is recommended that you have as much proof as possible of the person’s incapacitation. Ideally, you should consult an expert such as a lawyer or medical doctor to help you decide if your case will be successful.
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