In California, if you or someone else wants to be legally appointed to make decisions for another adult, you will have to go before a probate court and request a conservatorship. During the process, evidence will have to be presented to prove that it’s necessary to have another person assume these responsibilities. In this situation, some people want to know: Why do I need a conservatorship attorney?
Types of California Conservatorships
- Conservatorship of the Person
When you ask that someone be appointed to make choices about another adult’s medical care decisions, food, clothing, and shelter, you are requesting a conservatorship of the person. This type of conservator may be required when an individual has dementia or a debilitating physical condition that makes it difficult for them to meet their own needs.
- Conservatorship of the Estate
When you are requesting that another person be appointed to manage the individual’s finances and financial interests, you are asking for a conservatorship of the estate. The conservator of the estate can take over tasks such as paying bills, accepting income, and managing investments for someone who can no longer take care of these responsibilities.
- Conservatorship of the Person
Depending on the situation, you may need to ask for one or both types of conservatorship for your loved one.
Making a Case for a California Conservatorships
If the person you are concerned about shows signs of significant cognitive impairment, it may seem like it would not require much effort to show that they need help. However, California law is structured to preserve individual autonomy. For that reason, someone seeking a conservatorship is going to have to make a strong legal case for why the court should take away an individual’s decision-making authority. A conservatorship attorney is well-versed in California law and knows what evidence will be persuasive to the court. He or she will also know how to present that evidence in a compassionate manner that shows respect for the conservatee.
Conservatorships Can be Contested
If the proposed conservatee disagrees with the conservatorship, the case can become complicated. He or she will be appointed counsel during the case whom you will have to oppose. Having to make a case for conservatorship when counsel represents the other party can be challenging. A conservatorship attorney is knowledgeable about the process and knows what actions to take during a contested action.
Your Conservatorship Attorney Can Help You Achieve Your Goal
During your conservatorship case, it’s important to remember that you are not there to act as an attorney. Your purpose is to help ensure that your loved one gets the right person appointed to protect their interest. By choosing to work with a conservatorship attorney, you are taking a crucial step towards ensuring that the correct information is presented to the court. The decision will be an essential part of ensuring that your loved one has the care and protection they need today and in the future.
At the Law Office of Alice A. Salvo, we are experienced California conservatorship attorneys who can help you protect your loved one. We understand the issues that arise when a loved one is experiencing challenges with capacity and can help you examine your options. Contact us today for a free consultation.