Sacramento Conservatorship Lawyer

Giving Clients the Tools They Need To Care For Those They Love

Family members are usually the first to notice when someone is struggling to make good decisions or properly care for themselves. It can be difficult to sit on the sidelines and watch someone you care about grapple with their personal care or financial affairs. Eventually, that person may completely lose the ability to care for themselves at all due to cognitive decline from diseases like dementia.

In the end, you may need to consider your legal options. A conservatorship can give you the tools that allow you to provide care for a person who needs extra assistance in their personal care. This legal process is complex, and California probate court proceedings are arduous. You will be expected to meet every legal milestone and prove that not only is the proposed conservatee unable to care for themselves, but you or someone else is a suitable conservator.

Yonano Law Offices, P.C. can help you understand probate conservatorships, the legal process, what you will be expected to present to the court, and the duties required of a conservator. If you need immediate help, call 916-894-8790 for your initial consultation.

What is a Conservatorship?

A conservatorship is a court-ordered legal arrangement. A judge will appoint a responsible person or organization to manage the proposed conservatee’s financial affairs, personal matters, or both of another adult who is unable to care for themselves. The conservator has the fiduciary duty to act in their ward’s best interests. Failing to do so can have legal consequences, and the conservator can be discharged from their position. A conservatorship hearing is required to place an adult in a conservatorship and give someone else the legal authority to make decisions for another adult.

In California, there are two main types of conservatorship:

Conservatorship of the Person

A conservatorship of the person allows the conservator to make decisions regarding the conservatee’s daily care, healthcare, and living arrangements.

Conservatorship of the Estate

This type of conservatorship allows someone to manage the conservatee’s finances, including their income, property, and expenses.

One person can be named as both a conservator of the person and of the estate. Sometimes, the court will name one person who manages a disabled adult’s financial decisions while another is charged with managing their personal lives. The judge may also implement a limited conservatorship that grants as much independence to the ward as possible while still ensuring important aspects of their lives are managed by a responsible person.

How are Conservatorships Granted?

Conservatorships are granted by probate court hearings in the county where the proposed conservatee resides. The process is time-consuming, and the court proceedings are legally demanding and stressful. The person petitioning the court for a conservatorship will be required to present evidence that the proposed ward is developmentally disabled, an incapacitated adult, or struggling to manage their affairs due to other issues.

To have a conservatorship granted, you must:

Choose the type of conservatorship needed, either of the person, estate, or both.
Complete the required forms, file them with the appropriate court, and pay the filing fee.
Serve a notice notifying the proposed conservatee and close relatives of the petition.
During court proceedings, an investigator will interview the conservatee and report their findings.
Attend court hearings where you can present your case, and objections can be raised.
If approved, the court will issue letters of conservatorship granting the conservator the legal authority to make decisions for their ward as outlined in the letters.
The conservator will be required to fulfill their fiduciary duties, which may include annual reports and accounting.

Who Can File for Conservatorship?

Almost any concerned party can petition for conservatorship. The most common are:

A spouse or domestic partner
An adult child of the proposed conservatee
A parent
A sibling
Other interested relatives or friends
A public guardian

A person can even petition to be placed in a conservatorship if they feel they would benefit from one.

What are Common Conservatorship Issues?

Because of its sensitive nature, conservatorship issues are not uncommon. Disputes may arise over who should serve as the conservator and whether or not they are up to the task. Allegations of conservator misconduct and abuse are taken seriously by the court. The guardian is failing to properly manage their ward’s finances or provide suitable care.

The court’s top concern is the ward’s well-being. Suppose the ward has the capacity to care for themselves in certain aspects of their life. In that case, the court will grant a limited conservatorship, allowing the ward to maintain a level of independence. The conservatee may choose to end the conservatorship, and a court hearing may be necessary. A judge will also be interested in the opinions of the ward’s family members during the court process.

Can a Conservatorship Law Firm Help?

When concerns for another person’s well-being arise, time is of the essence. If they are unable to care for themselves and they can no longer manage important decisions in their lives, they may be at risk of injury. We want to help you avoid that.

Yonano Law Offices, P.C. is here to provide advice to clients seeking conservatorship for a vulnerable family member. We will walk you through the entire process of seeking conservatorship. We can also help you if you believe a conservatorship is unnecessary for a loved one.

Call our law firm today for an initial consultation. Contact us at 916-894-8790.