CONSERVATORSHIP AND GUARDIANSHIPS
Importance of Guardianship and Conservatorship Proceedings
When people do not have a complete Estate Plan in place and they are unable to make their own reasoned decisions due to illness or injury, a conservatorship is usually necessary to care for them. These situations can occur when you, or a loved one, are stricken with an end-of-life illness such as senile dementia or Alzheimer’s Disease, or as a result of other injury or illness resulting in incapacity during adulthood.
Conservatorships And Guardianships Are Complex And Require Legal Help
Conservatorships require court proceedings and court oversight, and are often expensive and time consuming. Estate Plans are a great preventative measure, and most often a conservatorship will not be required if you plan carefully.
When you recognize that your loved one needs a conservator, you can turn to the attorneys at Bold, Polisner, Maddow, Nelson & Judson. Our firm has worked closely assisting families throughout California with conservatorship matters and elder law issues for many years. Our lawyers understand the issues facing the elderly, young adults with special needs, and their families.
Disabled Children And HIPAA
The Health Insurance Portability and Accountability Act (HIPAA) was passed in 1996. Since it has been implemented, many parents of disabled adult children find that they can no longer discuss medical treatment with providers.
If your adult child has Down syndrome, autism, or some other disability, and does not have the capacity to consent to medical treatment, we can help you seek an appointment as ongoing legal conservators. We have successfully helped countless families with disabled children.
Protecting Elderly Relatives
When elderly relatives do not have estate planning documents in place, or if they do and are being taken advantage of by others, a conservatorship may also be necessary. Frequently, this issue arises when family members cannot access the elder’s account to pay the bills after he or she has been diagnosed with some incapacity, such as dementia.
We help families through the process of having the court appoint a legal conservator. Occasionally these matters become hotly contested between family members, and our team is versed in handling any litigation.
Our practice also encompasses all aspects of elder law. We have helped families remove individuals from a power of attorney when there are allegations of fraud – such as depleting a savings account – and deal with threats and emotional elder abuse.
Guardianships
In your Estate Planning documents, you may nominate a guardian for your minor children in the event you are one day unable to care for them before they reach the age of majority. If you do not make a written nomination, the court will appoint a responsible person to care for your children if you are no longer able to do so. Either way, by your nomination or by court appointment, legal proceedings are required to give a responsible adult the legal ability to take charge of your minor child’s personal care and finances, until that child reaches legal adulthood. We can help.
Answers To Common Questions On California Guardianships And Conservatorships
When you are concerned about someone you love, navigating the legal steps to protect them can feel overwhelming without clear guidance. Below are answers to frequent questions about conservatorships and guardianships in California to help you understand your options and next steps.
How do I start the legal process to obtain a conservatorship or guardianship for a loved one?
To initiate the process, you must file a petition with the probate court in the county where the proposed conservatee or ward resides. You will need to provide detailed information about the individual’s condition, explain why you feel a conservatorship or guardianship is necessary, and notify all required parties.
The court will then schedule a formal hearing to evaluate the request and determine whether to appoint a conservator or guardian.
What is the difference between a conservatorship and a guardianship?
In California, a guardianship applies to minors under the age of 18 and typically involves decisions about their care, education and finances. In contrast, a conservatorship is used for adults who cannot manage their personal or financial affairs due to physical or mental limitations.
Although the term “adult guardianship” is sometimes used informally, California law classifies these arrangements as conservatorships. The legal standards, responsibilities and court oversight for conservatorships and guardianships differ depending on the type of appointment.
What legal options exist to protect an elderly relative from financial exploitation or elder abuse?
If you suspect financial abuse or undue influence, you may petition the court for a conservatorship of the estate to gain control over the individual’s finances. Other options include seeking a restraining order, reporting the abuse to Adult Protective Services or working with an elder law attorney to implement safeguards like durable powers of attorney or trusts.
Acting quickly helps prevent further harm and preserves your loved one’s assets.
Call Our Guardianship And Conservatorship Attorneys
If you are concerned about a vulnerable loved one in California, our attorneys can help you understand your legal options and take decisive action. Call 925-933-7777 or fill out our contact form to schedule a consultation and get the guidance you need to protect those who matter most.