Oceanside Conservatorship Lawyer

It can be understandably hard to think about your loved ones becoming unable to manage their affairs on their own. However, all too often, people become physically or mentally ill and need someone they trust to manage things for them. Preparing for this possibility and understanding its legal implications can help you take care of the people you love.

At Estate Preservation Group, we know how confusing and emotionally distressing it can be to have to manage affairs for someone who is no longer able to. We can provide valuable legal guidance as you navigate conservatorship laws and can represent you if you wish to file a conservatorship petition.

What Is a Conservatorship?

In California, a conservatorship is a legal proceeding in which a judge appoints a person to manage the affairs of someone who has been deemed unable to do so, called the conservatee. The appointed person is called a conservator and, under the supervision of the court, manages the other person’s assets, property, and income. A conservatee is often an elderly person, but if a young person becomes suddenly impaired or ill, they might need a conservator.

There are a few types of conservatorships in California, which vary based on how much power the conservator has.

• General Conservatorship: When the conservator has comprehensive power, often for an elderly person whose physical and mental capacities have been severely compromised.
• Limited Conservatorship: When the conservator’s powers are limited to up to seven specific powers, including fixing residence, accessing confidential records, giving or withholding consent to marry, exercising the conservatee’s right to enter into a contract, giving or withholding medical consent, or making educational decisions.
• Temporary Conservatorship: When a person needs help immediately, a judge might grant a temporary conservator to protect them and make decisions for them. In a temporary conservatorship, the appointed person only has the power for a specific period of time or until a permanent conservator can be appointed. If something happens to a permanent conservator, a judge might also appoint a temporary one to fill in until another permanent one can be found.

In any type, a conservator can be responsible for the conservatee’s protection, called conservatorship of the person, a person’s finances, conservatorship of the estate, or both.

Conservatorship of the Person

In a conservatorship of the person, the conservator is responsible for all decisions related to taking care of that person. For example, the conservator makes sure that the conservatee has food, water, and adequate shelter. Depending on the type of conservatorship the court granted, they might also have to make important healthcare decisions.

Conservatorship of the Estate

In a conservatorship of the estate, the conservator handles all financial matters for the conservatee. This power encompasses a variety of actions, including preparing and filing taxes, paying bills, managing investments, and protecting income and assets. A conservator of the estate must regularly report the financial accounts to the court.

What Is the Difference Between Conservatorship and Power of Attorney in California?

A conservatorship is an involuntary assignment since the individual whose finances are in question is no longer able to make their own decision. If you want a say in who manages your finances one day, it is wise to work with an estate-planning attorney to assign someone power of attorney. This person will be someone you choose to manage all of your finances in the unfortunate event that you are no longer able to.

You can also work with an estate-planning attorney to draw up a will or living trust and establish advanced healthcare directives, in which you name someone you trust to make important medical decisions for you. Although it can be unsettling to think about such tragic situations, planning ahead can provide clarity for your loved ones in the event that something happens to you.

What Is the Difference Between Conservatorship and Guardianship in California?

You might hear the terms conservatorship and guardianship used interchangeably or in similar contexts, but they are distinct concepts under California law. Conservatorship refers to a person being appointed to manage the affairs of someone who cannot manage them themselves, including adults. Guardianship refers to an adult being appointed to care for a child under the age of eighteen. A parent can nominate a person to be their child’s guardian in their will, but if the parent passes, the court still has to approve the guardian.

How Do I Get a Conservatorship Over Someone in California?

To obtain a conservatorship over a person in Oceanside, California, you first need to draft a petition and file it with a court. This petition must include information about you, the conservatee, and why you feel you should be granted conservatorship. Judges only grant conservatorship if less restrictive options or not available, so you also need to explain why alternatives will not work in your particular situation. Working with a conservatorship attorney to draft this petition can help ensure it is strong and addresses all legal requirements.

After filing the petition, you need to file several forms in which you provide additional information. A conservatorship attorney can provide knowledgeable guidance as you navigate the paperwork and help ensure you follow all the necessary steps to get the rights you need

• Confidential Supplemental Information form: A form in which you provide more detail about why the conservatee cannot manage their own affairs,
• Confidential Conservatorship Screening form: A form in which you answer questions about your relationship to the conservatee, your background, and more.
• Duties of Conservator form: A form in which you outline what you will be doing for your conservatee.

In addition to filing the paperwork, you are legally required to serve notice to the conservatee and their relatives regarding your petition. The court will later have you obtain a bond to protect the conservatee’s assets.

Speak With an Oceanside, CA Conservatorship Lawyer Today

Obtaining a conservatorship in California is a complicated process, but the right conservatorship attorney can make it simple. If you’re in need of compassionate support for conservatorship litigation or estate planning, contact Estate Preservation Group today.