California Conservatorship Attorneys
Protecting the One You Love!
You have likely heard of conservatorship before. Popular pop icon Brittany Spears was placed under a conservatorship by her father in 2008, and it made headlines when she fought to have it terminated in 2021. It left many people wondering what the heck a conservatorship is, and why an adult, especially a wealthy one, would need to have their life managed by someone else.
The fact of the matter is, sometimes a conservatorship is necessary to ensure an adult in your life is making good choices and getting the help they need. Not all conservatorships are created equally. One that works for one family may not work for yours. They vary in degree, with some allowing an individual to make all but the most important decisions for themselves, while others allow very little wiggle room.
If you are looking up conservatorship attorneys, it is likely because someone in your life is struggling. Perhaps they are refusing to let you help, and you can plainly see they are doing permanent damage, damage that may become impossible to fix down the line. Or your loved one is showing significant cognitive decline, and they don’t even realize they need help. Either way, you want what is best for them, and you are willing to do whatever it takes to ensure their safety and well-being.
Take this opportunity to learn more about conservatorships with The Singh Law Firm team. We will walk through the different types of conservatorship services, the types of conservatorships that may work for you, and how a conservatorship attorney can help you through this difficult time.
If you need immediate help understanding conservatorships, call 501-901-5375 and ask to speak with one of our conservatorship attorneys.
What is a Conservatorship?
When a child becomes an adult at the age of 18, they are expected to start making their own decisions regarding their life. It becomes their right to guide their life and make important decisions regarding how they are going to live, medical decisions, professional decisions, and financial decisions.
If they have developmental disabilities, this can make it harder or even impossible for them to make their own decisions. They may still need their parents to make certain decisions for them to ensure their well-being.
A conservatorship is a legal avenue that limits a person’s ability to make certain choices on their own. While a conservatorship may seem unfair or even cruel, it may be the least restrictive assistance an individual could receive compared to other options, such as having them placed in an assisted living facility.
In a conservatorship, there are two primary recognized parties: the conservator, or the responsible person who will make decisions on behalf of an individual, and the conservatee, who is unable to make important decisions on their own due to their mental or physical limitations.
In the end, a conservatorship may be the best way for the individual in question to maintain more freedom over their life.
What Types of Conservatships Are There?
There are various types of conservatorships, and each one has its place in helping you care for your loved one. They vary based on the amount of power they grant to the conservator and the amount of restrictions they place on the conservatee.
General Conservatorship
This is the most strict type of conservatorship, as it gives the conservator all the powers and responsibilities to make decisions for the conservatee. A general conservatorship would be put into play when a legal adult is unable to manage their own affair and financial decisions, and this is common for elderly people who can no longer care for themselves.
Limited Conservatorship
This type of conservatorship is similar to a general one, but it is more often established when an adult with a developmental disability is not capable of handling matters or their own financial affairs. In order for the judge to create a limited conservatorship, they will need clear and concise evidence that the individual in question is unable to make their own decisions.
The unique thing about limited conservatorships is they are designed to encourage the conservatee’s maximum self-reliance and independence. The judge may choose to limit the powers the conservator has, such as only allowing them to make important medical decisions for the conservatee, but not limiting other factors of the conservatee’s life.
LPS Conservatorship
An LPS conservatorship, short for Lanterman-Petris-Short Act conservatorship or a mental health conservatorship, is a California-based act introduced in the late 60s. This type of conservatorship was created to prevent indefinite holds in the cases of mental health conservatorships.
An LPS conservatorship establishes authority over a conservative who has serious mental illnesses, resulting in their inability to care for themselves.
This type of conservatorship often starts with a 30-day appointment but can be increased in one-year terms. At the end of each year, it can be either renewed for another year or terminated, returning decision-making powers back to the conservatee.
The ultimate goal is to return power back to the conservatee so they are able to manage their life when they are healthy again.
Probate Conservatorship
Probate conservatorships are also called conservatorship over an adult. There are two primary types of conservators under a probate conservatorship.
- Conservator of the person establishes authority for a conservator to make decisions on behalf of another person regarding their daily life. It covers a wide range of responsibilities, from managing care arrangements, living arrangements, health care decisions, and more intimate decisions such as personal care, and food.
- Conservator of the estate gives the conservator legal rights to manage the financial affairs and make financial decisions for the conservatee. The conservator may be required to obtain authorization from the court before making certain important financial decisions, such as purchasing or selling the conservatee’s property or signing financial contracts. Other than that, the conservator has the ability to make decisions regarding the conservatee’s finances.
A judge may choose to place an individual under just one or both types of conservatorship after reviewing your case.
Financial Conservatorship
The court may appoint a conservator to handle the financial affairs of an incapacitated adult. This is most common for an elderly parent or family members who are no longer able to care for their own finances.
This type of appointment allows the conservator to manage the elderly person’s assets and protect them from elder abuse.
How Do You Initiate a Conservatorship?
We will start by saying this: the conservatorship process is a very difficult legal process that requires a lot of legal understanding and attention. Some conservatorship cases are fairly open and shut and won’t require all that much legwork from the conservatee. Others will require you to present the court with enough evidence to prove that the potential conservatee is struggling to make good choices regarding their own well-being.
If you are considering a conservatorship, speaking with an experienced conservatorship attorney can help you understand the process.
A conservatorship can only be created by court order and is handled by the probate court that serves the county where the individual in question lives. You can find conservatorship forms on the California probate court’s website or at the office of the court clerk. The individual in question must be served with a copy of the papers.
The court will schedule a court hearing where you must present evidence that a conservatorship is necessary. This is often provided by a doctor’s report. This can be difficult if you are seeking a conservatorship for an individual who is struggling with a mental impairment because they may not willingly visit a doctor.
Conservatorship is often the best option when a loved one becomes incapacitated. The court wants to protect this person from undue influence and give the conservator power to make decisions regarding financial matters and medical decisions.
The judge will interview the proposed conservatee and relatives who are close to them and familiar with their condition. They will want to have a deep understanding of the situation before deciding if a conservatorship is necessary.
If the court chooses to grant the conservatorship, they will determine the most fitting type and assign certain decision-making powers to you, the conservator, as well as outline which powers will remain with your ward, the conservatee.
This process is rigorous, and the court will not order a conservatorship without substantial evidence supporting your preferences. It is highly advised you speak with a California conservatorship lawyer before taking on this daunting endeavor.
Who Can File For a Conservatorship?
Any concerned individual can petition for a conservatorship for another individual. Even the person who needs care can petition the court for a conservatorship if they believe they are struggling to help themselves.
When determining who to appoint as the conservator, the court will follow this order or priority in regard to the relationship with the potential conservatee:
- Spouse
- Adult Child
- Parent
- Sibling
- Any other interested parties
- Public Guardian
If the person highest on the list chooses not to act as the conservator, they may nominate another party. If all qualified family members and friends refuse to act as the conservator, the probate court may choose to appoint a private, professional fiduciary or public guardian as the individual’s conservator.
There are even government agencies, nonprofit corporations, and professional conservators that can take up the mantle and help the conservatee.
Conservators are required to make annual reports to the court showing how they are managing the conservatee’s personal and financial affairs. The court will want to see documentation of how these affairs are being handled. If the conservator wants to make purchases or sell the conservatee’s personal property, they may need to petition the court before doing so.
Sometimes, there may be a dispute when multiple people believe they should be appointed the conservator of the proposed conservatee. In this instance, it is important to hire a conservatorship lawyer to help you prepare for the conservatorship proceeding.
Conservatorship proceedings can be emotionally draining. They can be difficult for the family members concerned for their loved one and even more confusing and arduous for the potential conservatee, especially if they are resistant to the idea.
What are the Legal Responsibilities of a Conservator?
A conservator is considered a fiduciary. As a conservator, you have a legal, fiduciary duty to act in the best interests of the conservatee in your ward. Your actions must be in good faith and for the concern of the conservatee. You need to make decisions in the least restrictive way possible, allowing the conservatee to still make decisions that they are capable of understanding the impact of.
When appointed as a conservator, the court order will outline your decision-making powers. You can not violate this order unless you are certain the conservatee does not understand the implications of their decisions.
If you violate the trust of your conservatee, such as using the conservatee’s assets in a way that does not benefit them or to benefit yourself, you may be found legally liable for any damages you cause.
Why Would a Conservatorship Be Denied?
A court may choose to deny a conservatorship if the proposed conservatee is deemed capable of managing their own affairs.
They may also choose less restrictive alternatives that can help the potential conservatee navigate life in a happy, healthy manner.
If you do not provide sufficient evidence of incapacitation or if the court deems you unsuitable or untrustworthy, they may choose to grant the conservatorship but assign another individual or organization to act as the conservator.
The proposed conservatee has the right to a jury trial in a contested conservatorship case. They can seek help from an independent doctor, or the court may appoint a doctor to examine the proposed conservatee. The doctor can either affirm that the proposed conservatee needs assistance with certain decision-making, or they can declare the individual’s capability of caring for themselves.
The court may order a temporary conservatorship, allowing the proposed conservatee to get the help they need while ensuring they will regain their independence when the court deems they are capable of making their own decisions again.
What if a Conservatorship is Being Abused?
Unfortunately, there are people who would abuse their status as a conservator, taking advantage of a family member. If you are a conservatee, or you believe an individual in a conservatorship is being taken advantage of, you may be wondering what you can do to help.
Conservatorship disputes may arise when a conservatorship is abused. If a conservator is overstepping responsibilities or using the conservatee’s assets for themself, they are violating the court’s direction.
The conservatee or another concerned individual may be able to bring their concerns to the court. If there is sufficient evidence, the court may schedule court hearings to collect more information. The court appoints the conservatee with an attorney to represent the conservatee if they do not have an attorney.
Do You Need a California Conservatorship Attorney?
While hiring an attorney is not absolutely necessary when trying to petition the court for a conservatorship, having an attorney experienced with conservatorship law can greatly increase your odds of getting the power necessary to properly care for your loved one.
An experienced conservatorship attorney can help you understand the entire conservatorship process, secure the necessary evidence to prove the necessity of a conservatorship and argue your case during court hearings.
There are many resources available to you online. Some of these resources may even offer guided services that help you fill out the necessary forms and then send them to the proper authorities for a small fee. But can you trust these services? They often use a “one-size-fits-all” approach. They don’t understand the unique position you are in or the intricate details that led you to believe your loved one would benefit from a conservatorship.
If you truly believe your loved one is struggling and the only way to ensure their safety and well-being is by petitioning the court for a conservatorship, then do yourself a favor and call The Singh Law Firm and ask to speak with one of our knowledgeable conservatorship attorneys. Your free consultation is the first step to getting the proper care your loved one needs. Call 888-828-2864 to schedule your consultation today!