What is a Conservatorship?
Attorney Joseph McHugh’s main goal is to help families avoid Conservatorships BEFORE they are needed to protect a loved one that is starting to show signs of needing help with legal and medical issues. Understanding a Conservatorship will help you make legal decisions about a loved one that you are worried about.
We do not wish to see anyone have to establish of a court monitored Conservatorship, but our Elder Law Firm has the experience to help you with this process to protect a family member. Our firm deals with the Los Angeles Probate Court in Conservatorship matters.
There are many legal steps that can still protect the person that is not totally incapacitated, but is showing signs of needing help. It is much better all concerned to avoid this process as it saves the estate’s assets and does not take up time in the court system and having a judge be involved in the review of the way the estate is handled. Conservatorships are designed to protect any person, but mainly are used for the elderly when they show they can no longer properly manage their finances and/or handle their own healthcare decisions.
The Probate Court Judge can appoint a Conservator to assume responsibility for the property or the personal welfare of a person over 18 years of age (Conservatee). The Conservatorship process is expensive and invasive, and basically takes away the person’s civil rights, generally on the grounds of mental incapacity and / or personal safely issues.
What is the Probate Process in Los Angeles County?
The legal process for establishing a Conservatorship starts with filing a Petition with the Los Angeles Probate Court to get Letters of Conservatorship. With this Petition, there are other Conservatorship Forms that are filed with the Court that describe the reasons for the Conservatorship, information on the proposed Conservator, etc.
After the Conservatorship Petition is filed in the Los Angeles Probate Court, the judge appoints an attorney to represent the rights of the proposed Conservatee. This attorney meets with the proposed Conservatee, Proposed Conservator and family members.
After a thorough review of the situation, this attorney will submit a report to the Probate Court Judge giving an opinion as to whether the Court should appoint a Conservator for the proposed Conservatee. If the proposed Conservatee objects and the assigned attorney agrees or a family member objects, a long court battle can happen. This is known as Contested Conservatorships and they are generally very emotionally and stressful to all. Again, Conservatorship proceedings should only be undertaken when there is no alternative to the protection of the incapacitated person.
If the person truly cannot manage their affairs, a Conservatorship will have court supervision which will protect the Conservatee from potential financial abuse or safely issues regarding their well-being. Sometimes there is no alternative to a Conservatorship in Los Angeles, if the proposed Conservatee is making decision that are harmful and will not voluntarily accept help from family. This is not a one-time event. Once the Conservatorship is appointed, there are annual court reviews of the Conservatorship management and there are mandatory evaluations of the detailed accounting records of the Conservatee’s assets and how they are being used. The Conservator will have to get permission from the court to make any major financial decision (i.e., selling real estate).
When a loved one suffers from Alzheimer’s disease or other mental impairments due to illness, accident, or advancing age, a Conservatorship proceeding might be necessary to ensure that the person is properly cared for or that he or she does not squander the estate’s assets. Most often the person will try to resist a Conservatorship. Fortunately, it is easy to avoid the need for Conservatorship proceedings through simple estate planning before the loss of capacity!
We are proud to be a part of the complete solution to your family’s crisis, not just the lawyers that create the legal documents. We understand the issues surrounding the care of aging loved ones and what it takes legally to meet your needs and goals, while giving your family the peace of mind that your loved ones are getting the best care possible in a complex and confusing situation.
After a thorough review of the best strategies and most cost-effective process for your Conservatorship and our legal fees for a establishing a Conservatorship, we will structure a comprehensive plan to help you through this complex legal process created specifically to for your situation.
Our Law Office is located in Burbank (Southern California) and are happy to meet with anyone concerned about a loved one that is shows signs of needing help with their financial or health issues.
Call for consultation: (818) 241-4238. Or you can submit this form to request a consultation.