Conservatorship Attorney in Los Angeles, California

When it comes to protecting a loved one who isn’t capable of managing their financial or personal affairs, the right legal guidance is key. An experienced conservatorship attorney in Los Angeles will help guide you through this sensitive legal process, ensuring everyone involved has the best possible outcomes.

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OVERVIEW

What Is a Conservatorship?

A conservatorship is a legal arrangement where a court appoints someone, called a conservator, to manage the personal or financial affairs of someone who isn’t able to do so themselves. These arrangements are often necessary for individuals experiencing severe illness, cognitive decline, or physical incapacity. There are different types of conservatorships available:

Conservatorship of the Person: This option makes the conservator responsible for managing the conservatee’s daily needs. It includes healthcare, personal care, and housing, as well as decisions regarding where the person lives and how to support their overall well-being.
Conservatorship of the Estate: The conservator focuses on overseeing the conservatee’s financial affairs. They may manage any assets, pay bills, and safeguard against financial mismanagement or fraud.

Guidance You Can Trust for Conservatorship Matters

Navigating conservatorship can be complex, but you don’t have to face it alone. Our experienced attorneys are here to provide clarity and guidance tailored to your unique situation. Schedule a free consultation to discuss your options and ensure the best outcomes for your loved one.

The Conservatorship Process in California

Filing the Petition: The first step is filing a petition with the probate court. This document outlines why the conservatorship is necessary and offers evidence supporting the claim. Only specific individuals, such as family members or interested parties, can start this process.
Court Investigation: Once the specific person files the petition, the court will assign an investigator to assess the unique situation. This evaluation includes interviews with the proposed conservatee, family members, and healthcare providers to determine whether this is a necessary arrangement.
Court Hearing: During the hearing, a judge will evaluate any presented evidence and listen to all of the relevant parties. If the court determines that the individual needs a conservatorship, it will issue an order appointing a conservator.

Key Legal Considerations in Conservatorship Cases

The Probate Code governs conservatorship laws in California and includes strict standards to protect every involved party’s rights. Some of the key factors or considerations are:

Capacity Evaluations

The court uses medical and psychological evaluations to figure out if the individual in question lacks the capacity to manage their personal or financial affairs. This step ensures no parties misuse the process for their own gain.

Least Restrictive Means

Courts prioritize solutions that impose the least restrictions on the conservatee while still addressing their needs. For example, the court may grant a limited conservatorship instead of a general one. A general conservatorship covers every aspect of a person’s life, while a limited conservatorship only includes specific areas where the person needs more help.

Duties of the Conservator

Conservators are legally obligated to act in the best interest of the conservatee. This includes financial management under the estate conservatorship and ensuring appropriate living arrangements for personal conservatorships.

How a Conservatorship Attorney in California Can Help

Legal expertise is important when you deal with conservatorship cases because there are complex emotional dynamics and regulations at play. A seasoned conservatorship lawyer in Los Angeles will help by:

Streamlining the Process

From filing the petition to representing you at court hearings, an attorney ensures that each step is efficient and accurate. Their knowledge lowers the risk of errors that could delay the proceedings.

Addressing Disputes

Family disagreements can complicate conservatorship cases. A legal professional helps mediate conflicts and, if necessary, represents you in contested hearings to help ensure you get a fair resolution.

Legal Duty Compliance

A conservator’s responsibilities are extensive and require strict adherence to legal standards. An attorney offers ongoing counsel to ensure compliance and mitigate potential liability.

Ginzburg & Bronshteyn, Your Conservatorship Attorney in Los Angeles

If you’re facing challenges establishing or contesting a conservatorship, the skilled team at Ginzburg & Bronshteyn is here to help. Our experienced conservatorship attorneys in Los Angeles can guide you through this intricate process with professionalism and care. Contact us today to schedule a consultation and take the first step toward protecting your loved ones.

We can help individuals and families facing the prospect of obtaining a conservatorship or if appropriate contest the appointment of a conservator.

Probate Code Section 1800.3 provides:

If the need therefor is established to the satisfaction of the court and the other requirements of this chapter are satisfied, the court may appoint:
1. A conservator of the person or estate of an adult, or both.
2. A conservator of the person of a minor who is married or whose marriage has been dissolved.
No conservatorship of the person or of the estate shall be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.

California Probate Code 2355(a) provides that “If the Conservatee has been adjudicated to lack the capacity to make health care decisions the conservator has the exclusive authority to make health care decisions for the Conservatee that the conservator in good faith based on medical advice determines to be necessary. The conservator shall make health care decisions for the Conservatee in accordance with the conservatee’s individual health care instructions, if any, and other wishes to the extent known to the conservator.

About Our Los Angeles Conservatorship & Guardianship Lawyers

It is important to look at a persons orientation to time, ability to concentrate, short and long term memory, ability to communicate, recognition of familiar objects and persons, ability to plan and reason logically, delusions, ability to modulate mood when determining the need for a conservatorship.

The starting point for any mental capacity determination is Due Process in Competence Determinations Act found in Probate Code sections 810 to 813, 1801, 1881, 3201, and 3204 (the Act). In 1995, the Legislature created the Act to clarify the legal capacity of a person who has a mental or physical disorder.

In the event a person becomes unable to manage their own care or their finances, and does not have certain estate planning documents in place, a conservatorship proceeding may be necessary. A person may become incapacitated for many reasons, illness or disease such as Alzheimers or an accident.

In appropriate circumstances, the court may appoint a conservator of the person, a conservator of the estate, or a conservator of both the person and estate of an adult [Prob. Code § 1800.3(a)(1)]. The court may also appoint a conservator of the person of a minor who is married or whose marriage has been dissolved [Prob. Code § 1800.3(a)(2)].

Conservatorships Of The Person

A conservator of the person is appointed to manage the conservatee’s physical well-being and needs, including food, clothing, personal care, housekeeping, transportation, recreation, and health care. The conservator decides where the conservatee lives and may be required to decide whether the conservatee should live at home or in an institution. The conservator must make sure the place selected is the “least restrictive” appropriate alternative that is available and necessary to meet the individual’s needs. Probate Code Section 2352.

Probate Code Section 1820.

A petition for the appointment of a conservator may be filed by any of the following:
1. The proposed conservatee.
2. The spouse or domestic partner of the proposed conservatee.
3. A relative of the proposed conservatee.
4. Any interested state or local entity or agency of this state or any interested public officer or employee of this state or of a local public entity of this state.
5. Any other interested person or friend of the proposed conservatee.
If the proposed conservatee is a minor, the petition may be filed during his or her minority so that the appointment of a conservator may be made effective immediately upon the minor’s attaining the age of majority. An existing guardian of the minor may be appointed as conservator under this part upon the minor’s attaining the age of majority, whether or not the guardian’s accounts have been settled.
A creditor of the proposed conservatee may not file a petition for appointment of a conservator unless the creditor is a person described in paragraph (2), (3), or (4) of subdivision (a).

Given the parameters of Probate Code Section 1827 the court will shall hear and determine the establishment of the conservatorship according to the law and procedure relating to the trial of civil actions, including trial by jury if demanded by the proposed conservatee.

It should be noted that no conservatorship of the person or of the estate will be granted unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee [Prob. Code § 1800.3(b)].

LPS (MENTAL HEALTH) CONSERVATORSHIP

This type of conservatorship is for individuals suffering from brian disorders such as Schizophrenia, Manic Depression, and other mental illnesses listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM).

LPS Conservatorships are not appropriate for people with brain trauma, dementia, or substance addiction.

WELFARE AND INSTITUTIONS CODE SECTION §5000 Created the Lanterman-Petris-Short (LPS) Act in the 1967 and concerns teh involuntary civil commitment.

WELFARE AND INSTITUTIONS CODE SECTION §5001.

The provisions of this part shall be construed to promote the legislative intent as follows:

(a) To end the inappropriate, indefinite, and involuntary commitment of mentally disordered persons, developmentally disabled persons, and persons impaired by chronic alcoholism, and to eliminate legal disabilities;

(b) To provide prompt evaluation and treatment of persons with serious mental disorders or impaired by chronic alcoholism;

(d) To safeguard individual rights through judicial review;

(e) To provide individualized treatment, supervision, and placement services by a conservatorship program for gravely disabled persons;

(f) To encourage the full use of all existing agencies,\ professional personnel and public funds to accomplish these objectives and to prevent duplication of services and unnecessary expenditures;

(g) To protect mentally disordered persons and developmentally disabled persons from criminal acts.

Contact a Los Angeles Conservatorship Attorney

A significant portion of our practice focuses on Conservatorships that put in place legal protections for loved ones who are vulnerable due to a disability or illness. If you need legal help with any of these issues, please contact our office today at 310-914-3222 from Los Angeles, or 714-280-0601 from Orange County, 415-465-6566 from Northern California or 714-280-0601 from Orange County. Our knowledgeable attorneys are ready serve your needs clients in Berkeley, Beverly Hills, Calabasas, Culver City, Encino, Glendale, Hidden Hills, Irvine, Los Angeles, Marin County, San Francisco, Santa Ana, Santa Monica, Sherman Oaks, Thousand Oaks, Torrance, Tustin, Westlake Village and throughout Southern California.