Our substantial conservatorship practice includes establishing, reviewing and maintaining conservatorships. We are experienced in all facets of conservatorships, including representing the conservators, conservatees or interested family members. We assist clients with general and limited conservatorships in the probate court, as well as with LPS conservatorships in the Mental Health Court.
Conservatorships involve court proceedings to assist individuals who cannot provide for their own food, care and shelter; who cannot manage their own finances or resist undue influence; and/or who will not accept voluntary assistance to protect themselves. In a conservatorship, the court appoints another person to make the financial decisions and/or health care decisions for someone who is no longer able to make the decisions themselves. A conservator may be a relative, close friend or a professional conservator.
For many families, a conservatorship can be extremely helpful because it provides protection against financial and physical abuse by requiring court monitored accountings and supervision.
For other families, however, a conservatorship is a large expense and an intrusion into their private lives. Proper advanced planning can often eliminate the need for a conservator. Often, the simple step of having a trust, advanced health care directive and a durable power of attorney for finances will avoid the need for a conservator.
A guardianship is similar to a conservatorship in that it requires a court proceeding. However, in California, guardianships are only established for persons under age 18. Our firm handles both guardianships of the person and guardianships of the estate.