(909) 451-7005Ontario Conservatorship Attorneys
Help You Protect Vulnerable Loved Ones
When someone you love is struggling to meet their basic needs, make decisions, or become incapacitated, it may be necessary to pursue a conservatorship. A conservatorship is a complicated legal process in which, upon its successful implementation, the probate court appoints a person to manage the financial affairs of another person.
Courts do not grant a conservatorship lightly. When a minor child, elderly adult, or an adult with disabilities needs help making financial, medical, or personal decisions, you may have to petition the court for a conservatorship. The conservatorship proceedings can be long and require testimonials from healthcare professionals and family members. The conservator will have a fiduciary duty to care for their conservatee, making decisions that are in their best interests.
You should not start this process without first speaking with a conservatorship attorney. Making a mistake can leave your loved one exposed while you try to get your legal bases covered. B.C. Miles Law Group can help you understand this process and pursue a conservatorship that will allow you to provide care for your loved one.
Call 909-451-7005 to schedule a free consultation with our conservatorship attorneys today.
What is a Conservatorship?
A conservatorship grants the legal authority to make important decisions for a vulnerable person, such as an aging person, a disabled person, or a minor child. There are multiple types of conservatorship a person can pursue, allowing them to make some or all decisions for another person.
General Conservatorship
A general conservatorship gives one individual full control over another person’s financial decisions and personal care. This type of conservatorship is most often pursued for elderly adults with dementia or adults with disabilities who are unable to make informed decisions regarding their health and well-being.
Under a general conservatorship, the appointed conservator has broad legal authority over the conservatee’s affairs. Their responsibilities will include:
- Managing their finances- The conservator takes on critical financial duties, including paying bills, managing investments, and maintaining real estate under the conservatee’s name.
- Making healthcare decisions- The conservator will have the power to choose doctors and approve medical treatments for their conservatee.
- Providing daily support- The conservator will be responsible for arranging housing, finding caregivers, and ensuring their conservatee’s nutritional and hygienic needs are being met.
Limited Conservatorship
This is a specialized form of conservatorship intended for adults with developmental disabilities who need assistance making some decisions for another person while keeping other decision-making powers intact for the conservatee. The courts work to allow the developmentally disabled person to maintain as much authority over their affairs as possible.
When the probate court grants a limited conservatorship, it will provide the conservator with specific decision-making powers. The court aims to balance support and independence and may grant the conservator some of these powers while leaving others under the conservatee’s control.
- Medical and healthcare decisions
- Education decisions
- Financial decisions
- Housing decisions
When an adult can make some of their own decisions and maintain a certain level of independence, a limited conservatorship may be the right choice, allowing another person to fill in the missing gaps.
LPS Conservatorship
An LPS conservatorship is a type of conservatorship available in California. It is named after the Lanterman-Petris-Short Act and is designed for individuals suffering from severe mental illnesses. It is typical for people who suffer from mental conditions like schizophrenia, bipolar, or other serious psychiatric disorders.
This type of conservatorship requires a medical evaluation from a psychiatric professional and must be initiated by a county mental health professional. The conservator is granted authority over the conservatee’s mental health treatments and can place them in a psychiatric facility if necessary. LPS conservatorship is very restrictive and requires an annual review by the court to determine if the conservatorship should be extended or, if the individual is well enough, terminated.
Are There Alternatives to Conservatorships?
Conservatorship proceedings are complex and, when granted, can lead to animosity between the conservator and the conservatee. There are some alternatives available to individuals who want to help a vulnerable adult without removing their independence.
Durable Power of Attorney
This allows a trusted individual to manage someone else’s finances without getting the court involved. The person who needs help can define the circumstances in which the other individual can take over making decisions for them.
It is very important to remember that for a durable power of attorney, the vulnerable individual must have the mental capabilities to understand the document they are signing.
Trusts
Instead of taking away a person’s financial decision-making powers, a trust allows the trustmaker to outline how the trust’s assets can be used. This allows the vulnerable individual to maintain independence while still receiving financial help.
Advance Healthcare Directive
An advance directive allows an individual to give another person the ability to make important health-related decisions for them and to outline the medical treatments they are and are not comfortable with receiving.
It is very important to remember that for an advance healthcare directive, the vulnerable individual must have the mental capabilities to understand the document they are signing.
How Can You Petition the Court for a Conservatorship
Conservatorship proceedings are incredibly complex and time-consuming. Understanding the legal process is crucial, as any mistake could lead to delays or even cause the court to deny the conservatorship.
The process involves:
- Filing a petition- The interested party, such as a family member, close friend, or even a government agency, files a petition with the California probate court. The petition must outline why they believe the conservatorship is necessary.
- Type of Conservatorship- The interested party must decide if they need a Conservatorship of the Person and or Conservatorship of the Estate.
- Court investigation- Once the petition is filed, the court will appoint an investigator to evaluate the case. The investigator will interview the proposed conservator, their family, and the potential conservator. They will submit a report with their recommendations to the court.
- Hearing and court approval- A probate judge will review the submitted reports and listen to testimony. If they determine a conservatorship is necessary, they issue Letters of Conservatorship, granting the legal authority to make decisions for the conservatee.
- Ongoing responsibilities- Once appointed, the conservator must manage their assigned responsibilities as outlined in the court order. They will be required to submit annual financial reports to prevent financial abuse or mismanagement. They are also required to get conservatorship training to ensure they have the skills needed to help the conservatee.
You will need an experienced conservatorship attorney to guide you through this legal process.
Call 909-451-7005 to arrange a free consultation with B.C. Miles Law Group to learn how our firm can help you.