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Conservatorship Attorney Los Angeles

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Los Angeles Conservatorship Attorneys

A general conservatorship in California is appropriate for an adult who cannot take care of themselves or their finances due to a disability or old age. A limited conservatorship in California may be implemented when an adult is able to manage some but not all aspects of daily living.

When the time comes, we want to know that our loved ones will be financially secure and are in charge of the inheritance you leave behind. A conservatorship in California is a court process where one person (a conservator) is appointed to be the decision maker and manage the financial affairs for another person (the conservatee). This process can be time consuming and emotional, especially when you are trying to decide who will be in charge of your family’s financial affairs. Whether it is beneficial to pursue or avoid a conservatorship, our conservatorship attorney can evaluate your situation and pursue the correct option. We understand that cases relating to conservatorship law can be sensitive and treat each with great care.

Utilizing a conservatorship attorney in California at the Law Offices of Alice A. Salvo in Woodland Hills, our lawyers provide clients effective estate planning strategies and extensive knowledge that can help them plan for the future. We are personally invested in every conservatorship law case and can help you make smart decisions to save both money and time. With more than 25 years of estate planning experience, we understand what avenues to pursue to meet your goals and protect what is most important to you and your family.

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Tips For Conservatorship In California

Since a conservatorship allows for serious control over another person, the court is strict in the procedure during and after a conservator is appointed. As an experienced conservatorship attorney for Los Angeles area residents, we assist conservators to fulfill their fiduciary responsibilities regarding the conservatee’s living situation, health care, budget, income and additional duties assigned to a conservator.

Is It Possible To Avoid A Conservatorship In California?

With a proper estate plan, which includes a living trust and powers of attorney, you may be able to avoid a conservatorship. When you become incapacitated, it is important to have someone you trust make decisions that affect your medical and personal care as well as manage all your financial affairs.

If pursuing conservatorship law options is the most beneficial option for your situation, we will stand by you throughout the process. As a professional and knowledgeable conservatorship attorney in Los Angeles County we promptly address any concerns throughout the process.

When Should You Seek a Conservatorship California Attorney?

If a family member hasn’t established an estate plan and struggles with making prudent financial decisions, especially in the face of mental illness, it’s critical to seek the guidance of a conservatorship California attorney. Situations may arise in which a loved one in Los Angeles begins to show signs of being gravely disabled or falling under undue influence, making it crucial to file a petition for conservatorship.

By consulting with an experienced attorney specializing in conservatorship in Los Angeles, you can strategize on ways to safeguard their financial well-being, address mental health issues, and determine the most suitable living conditions.

Do I Have To File For Conservatorship?

Not always, other choices may be considered. Understand that creating a conservatorship deprives the conservatee of all ability to make their own decisions. With this in mind, a conservatorship may not be the best option. Alternatives exist, such as living trusts, protective orders, joint bank accounts, an advance health care directive or financial powers of attorney.

Types of Los Angeles Conservatorships

 

Regular Conservatorship

In California, when an adult becomes unable to manage their personal care or oversee their finances, a regular conservatorship is commonly established. Appointed by a judge, the conservator holds the responsibility of making decisions regarding either the individual’s personal care, their finances, or both.

Typically involving cases where an elder exhibits reduced mental capacity, the conservatorship ensures their well-being and financial interests are protected. A conservatorship lawyer in California can guide families through this process.

A regular conservatorship is often bifurcated into two categories:

  • Conservatorship of the Person: This type deals primarily with the individual’s personal well-being, encompassing aspects like housing, food, medical care, and other health-related decisions.
  • Conservatorship of the Estate: This focuses on financial aspects, including bill payments and income collection on the conservatee’s behalf.

Often, both types of conservatorships are filed simultaneously to ensure comprehensive care and financial oversight.

Limited Conservatorship

A limited conservatorship is tailored for adults with developmental disabilities. In this arrangement, the appointed limited conservator takes charge of specific areas of the conservatee’s life, such as personal care or financial matters, or possibly both. However, it’s crucial to remember that not all cases necessitate both types.

For instance, an individual with robust mental faculties but declining physical health might only require a conservatorship of the person. Conversely, a young person in good health but compromised mental capabilities may primarily benefit from a conservatorship of the estate.

Temporary Conservatorship

During instances where immediate action is essential while waiting for a general conservatorship to be processed by the courts, a temporary conservatorship is invoked. This form offers a brief protection period to safeguard the individual in question.

While the involvement of a conservatorship lawyer in California is invaluable in these processes, sometimes a conservatorship might not be the best solution. For individuals capable of understanding and signing an Advance Healthcare Directive or Durable Power of Attorney, these might be preferable alternatives.

Similarly, a conservatorship might be bypassed if the conservatee can adhere to a structured plan, has a spouse or partner capable of managing health and financial concerns, or if they solely depend on Social Security or welfare.

Conservatorships typically remain effective until the conservatee’s demise. However, exceptions exist, such as in situations following a severe illness or accident rendering the conservatee decision-impaired. On rare occasions, the depletion of a conservatee’s assets might end the conservatorship, although a conservatorship of the person might persist.

For those seeking guidance on establishing a conservatorship in California, reaching out to a Los Angeles conservatorship attorney, like Alice A. Salvo, is advised. With extensive experience, Alice and her team can provide expert advice, ensuring the best care and legal protection for loved ones.

Contact Us For Assistance With Conservatorship Law In Los Angeles

Please contact our convenient Woodland Hills conservatorship attorney to schedule a free initial consultation. For those seeking a conservatorship attorney in Los Angeles County, we provide all necessary services and guidance for the conservator, conservatee or a family member.

Please call 818-676-9572 or use our online contact form to schedule a free review of your particular situation. We will provide answers and discuss any important concerns you have regarding conservatorship law.

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Petitioning For A Conservatorship In California

When a conservatorship is needed immediately, the court may appoint a temporary conservator initially and eventually appoint a general conservator. A California conservatorship attorney is familiar with this process and will prepare all court documents to file a petition and handle court appearances.

Various people may petition for a conservatorship in California such as:

  • The spouse of the proposed conservatee
  • The proposed conservatee’s relative
  • An interested friend of the proposed conservatee
  • The proposed conservatee
  • A private professional fiduciary

When applying for a conservatorship in California, it must be determined if it is to be a conservatorship of the person or a conservatorship of the estate. It also must be decided if both are required. The conservator of the person oversees the conservatee’s physical needs. The conservator of the estate is responsible for overseeing the conservatee’s financial matters.