Conservatorship

It’s easy to confuse guardianship and conservatorship since they’re almost the same thing. However, conservatorship allows you to have legal control over an adult, no matter the age.

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What is a Conservatorship?

When someone can no longer care for themselves or handle their own financial or personal affairs, a court can appoint a person to act on their behalf. Conservatorships are put in place to help individuals deal with medical, financial, or mental health needs. 

What is the Purpose of a Conservatorship?

When an adult cannot manage their own financial, medical, or mental health issues, a conservatorship can be implemented to allow someone to make decisions on their behalf. A conservatorship protects the person responsible as they'll be able to oversee important decisions.

A Petition for Conservatorship must include information about why someone is unable to manage their own affairs and detail why they need someone to make important decisions on their behalf.

What are the Advantages and Disadvantages of a Conservatorship?

Advantages of conservatorship include: 

  • Less room for outside input and family conflict
  • Helps provide care to someone who might not have accepted it otherwise

Disadvantages of conservatorship include: 

  • Risk that the problems your loved one is facing will no longer be private
  • Petitioning for a conservatorship can be costly and time-consuming

I’ll help you navigate this process and make sure that your needs are heard and respected. While petitioning for conservatorship might seem intimidating, it doesn’t have to be, and it can be incredibly beneficial for your family in the long run. 

Contact a Conservatorship Attorney Today in San Diego, CA

Do you have questions about becoming someones conservator? Not sure how to begin the conservatorship process? I can help. Contact us today for a free consultation.

Conservatorship FAQ

What Is The Difference Between A Conservatorship And A Guardianship?

Conservatorship and guardianship typically have similar goals of protecting vulnerable individuals and making important decisions on their behalf. Despite the similarities, these legal tools have important distinctions in terms of purpose and implementation.

Conservatorship

A conservatorship typically applies to adults (conservatees) who are incapacitated or unable to manage their financial affairs and make sound medical decisions due to cognitive impairment, mental illness, or other factors. In this legal arrangement, the designated conservator has the legal authority to make decisions regarding the conservatee's finances and property matters.

Who May Need a Conservatorship?

The people who might need conservatorship include individuals who are incapable of making important decisions due to:

  • Age or serious medical conditions like dementia or Alzheimer's disease
  • Developmental disabilities like severe autism or intellectual disabilities
  • Physical disabilities
  • Traumatic brain injury
  • Severe mental illness
  • Financial incapacity

What Are The Responsibilities of A Conservator In California?

In California, the responsibilities of a conservator can vary based on the type of conservatorship and specific circumstances. But in general, they can include the following:

  • Personal care
  • Healthcare
  • Education
  • Personal arrangement
  • Financial management
  • Communication with the conservatee and other parties
  • Regularly assess the conservatee's condition and provide status reports to the court.

What Is The Duration of A Conservatorship?

Generally, a conservatorship is a long-term commitment. It exists indefinitely until it ends unless the court designates someone else to replace an existing conservator. Again, there are different types of conservatorships, each with its own variation on how long it lasts:

  • General conservatorship: can last for the entire duration of the conservatee's life if their situation remains unchanged. 
  • Temporary conservatorship: is enacted for a limited duration.
  • Lanterman-Petris-Short (LPS) conservatorships: An LPS conservatorship is for a person who is a danger to themself or others.

How Can I Terminate A Conservatorship?

To terminate a conservatorship in California, you need to file a motion with the court and demonstrate that the conservatorship is no longer necessary. Before initiating this legal process, consult Sole Law, APC, for legal guidance.

Lead attorney Sole Gaona Webb is well-versed in conservatorship law in California and can help you understand the legal requirements and support you throughout the process.

Can I Change Or Replace A Conservator?

Yes, you can change or replace a conservator as long as the court approves your petition. Changing a conservator involves several steps that an attorney can better handle.

What my clients are saying 

Client Testimonials

I'm committed to helping my clients through the different areas of estate planning. From guardianship to probate, here's what my previous clients have to say about my practice.

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Ms. Suchomel is very professional and nice. I really appreciated that she explained the whole conservatorship process to us in detail and was always willing to answer all of our questions and address our concerns. Thank you Ms. Suchomel for all your help!

Martha M.
Stars

Mi experiencia con la abogada fue muy bonita, ella fue muy honesta desde el principio y me explico todo el procedimiento con detalle. Le hizo todas las preguntas necesarias a mi hijo y nos dio un trato muy amable. Lo mejor de todo fue que todo me lo explico en español correctamente.

Diana T.
Stars

Willing to help at anytime, with all paperwork always aware at the needs of my daughter case. Ampliamente recomendable.

Jeanette R.
Stars

Ms. Suchomel assisted me in the conservatorship for my stepdaughter and was helpful and professional throughout the process. Willing to go the extra mile to achieve the best results.

Hector R.
Stars

Ms. Suchomel assisted me in the conservatorship for my son and was helpful throughout the process. I work with children with disabilities and plan on referring Ms. Suchomel to them.

Lia R.
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Whether you’re facing conservatorship or you’re trying to plan your estate, I’m here to help. Contact me today to schedule a free 15-minute case evaluation.