You are trying to help mom or dad but keep getting told you don’t have authority…
If this sounds like you, a conservatorship might be the authority you need. Our law firm has extensive experience in obtaining conservatorships for purposes of litigation and for daily living. Feel free to reach out to see if our firm is the right fit for you.
Conservatorships In Los Angeles County
What Can A Conservatorship Do For My Loved One?
A conservatorship is a unique and powerful tool. It enables family members, concerned friends, or even professional fiduciaries, to control one’s person and/or estate, in order to ensure the well-being of the conservatee. A conservatorship is a wonderful form of adult guardianship to care for those who are experiencing dementia, Alzheimer’s, or other significant cognitive lapses that indicate a lacking in mental capacity.
Why Isn’t A Durable Power-Of-Attorney Or (Advance) Healthcare Directive Sufficient?
A Durable Power-Of Attorney (DPOA) and Advance Healthcare Directive (AHD) are both important and potentially helpful documents to have when your loved one has lost mental capacity. However, a DPOA and AHD must be executed by the person prior to mental incapacity. If your loved one did not execute the DPOA and/or AHD prior to mental incapacity, then a conservatorship can be obtained by application to the court.
Temporary Conservatorships & Emergency Hearings
In dire circumstances, our office can help you receive an emergency hearing within five days from application filing. When family or friends feel that their loved one will endure significant abuse or hardship while waiting for the conservatorship application to be approved by the court, it may be appropriate to apply for a temporary conservatorship. This would provide short-term relief to the elderly person and their family.
Who Can Be A Conservator?
A close family member is often the best choice, however, circumstances differ, and depending upon your circumstances, the best choice may be a family friend or professional fiduciary.
Information Required To File For A Conservatorship:
In order to complete the extensive paperwork needed to properly file for a conservatorship, you will need to collect the following information:
- The name, date of birth, social security number, address, and phone number for the proposed conservatee.
- The name, date of birth, social security number, address, and phone number for the proposed conservator.
- The name, date of birth, address, and phone number for the proposed conservatee’s (immediate and distant) family members.
- The name, address, phone number, and relationship type, for as many friends of the proposed conservatee as possible.
- Copies/Originals of all records relating to financial/asset accounts
- Copies/Originals of all estate planning documents
- Any medical records of the proposed conservatee that indicate a compromised mental state (such as dementia, Alzheimer’s, etc.).
Once our office reviews the above documentation, we are able to guide clients through the filing process, which often requires additional information.
It is a good idea to keep in mind that filing for a conservatorship is a costly and time-consuming process, but it is frequently necessary to properly care for loved ones. Our goal is to take the pressure off of our clients by fully supporting them throughout this process. Contact us to learn more.
A loyal son is caring for his elderly mother who suffers from dementia. He takes her to medical appointments, social events, and cares for her needs around her home. One day his mother gets a call from her bank confirming the transfer of significant funds to an unknown party. His mother is frail and unable to resolve the matter, but the bank won’t speak with the son because he is not authorized on the account.
Solution: The son should probably have applied for a conservatorship. In some circumstances, a power-of-attorney would be sufficient. This is a general solution and is not a replacement for individualized legal advice.