California Conservatorships
When someone close to you becomes unable to handle their affairs due to some limitations of mental or physical capacity, conservatorships provide the legal authority for another person to take care of these matters. A California court will only grant conservatorship if all other less restrictive measures have been explored and exhausted. A Conservatorship Attorney from Island View Law can provide the necessary legal guidance and representation to help you assume a conservatorship in California.
General Conservatorships
This legal arrangement grants authority to the conservator to handle all necessary responsibilities and has all the required authority for overseeing the conservatee’s welfare. This can include care of the person as well as their finances. In California, these roles have different titles, even if the same person holds them.
- A Conservator of the Person is responsible for a person’s care and protection.
- A Conservator if the Estate handles the person’s finances.
Limited Conservatorships
This limited arrangement only grants a conservator any of up to seven specific powers deemed necessary by the court. These powers are:
- Fix the conservatee's residence or specific dwelling.
- Access the conservatee's confidential records and papers.
- Consent or withhold consent to the conservatee to marry.
- Exercise the conservatee's right to enter into a contract.
- Give or withhold medical consent on behalf of the conservatee.
- Exercise or limit the conservatee's right to control social and sexual contacts and relationships.
- Make decisions about the conservatee's education.
Determining the Need for a Conservatorship
No person has the sole authority to determine if another person requires a conservator to guarantee their welfare. Similarly, needing help with some matters is insufficient to warrant a conservatorship. The court will thoroughly investigate the person and all relevant factors to determine if a conservatorship is necessary to protect and promote the person’s well-being. In every case, a conservatorship must encourage as much independence and self-reliance as possible on the part of the conservatee.
A Family Law Attorney from Island View Law can help you while pursuing a conservatorship for another person. There are several steps, and it is a lengthy process. Multiple issues can arise to delay the process, including objections from the proposed conservatee or other family members. Before undertaking any actions, consult with a California Family Law Attorney for guidance.
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Help for Your Family Now and In the Future
Attorneys Neal Bartlett and Jason Knight believe in solid, long-term relationships. The nature of the legal matters we handle lends itself to forming solid relationships to serve our clients and their families for generations. Estate planning, trust and probate administration, and family matters like divorce, custody, and conservatorships all have long-term factors where you will need seasoned legal guidance and help.
Island View Law is your professional legal services partner for life – wherever life takes you and your loved ones. Call us today at (805) 576-7693 or complete the contact form to request a FREE initial consultation with one of our talented California attorneys.
