Simi Valley Conservatorship Attorneys

Types of Conservatorships

Probate

This type of conservatorship is for older or severely physically/mentally incapacitated adults who cannot take care of their own finances or manage their health. Probate conservatorships designate one or more people to serve as conservators of the person and estate. 

Conservators of the person:

• Determine where the conservatee lives
• Make medical decisions on behalf of the conservatee
• May make additional decisions for the conservatee

Conservators of the estate:

• Manage a conservatee’s finances, such as receiving income, managing assets, and paying bills
• Can sell property, borrow money, and make other significant financial transactions but must obtain court approval to do so

Limited

Limited conservatorships are specifically for individuals with developmental and intellectual disabilities. The goal of these arrangements is for the conservatee to remain as independent as possible while benefiting from having a conservator to assist in making important decisions. 

Specifically, the conservator has the power to access the conservatee’s confidential records, consent to or deny medical treatment, and make decisions concerning the conservatee’s education, among other rights. 

Lanterman-Petris-Short (LPS)

Termed a mental health conservatorship, this type is reserved for adults with mental illnesses, such as schizophrenia, bipolar disorder, clinical depression, schizo-affected disorder, and obsessive-compulsive disorder. Conservators in this arrangement may determine whether a conservatee takes essential medications or resides in a locked psychiatric facility. 

How to Establish a Conservatorship in California

To establish a conservatorship in California, you need to file a petition with the court and provide evidence that the individual is unable to make decisions for themselves. This may include medical records, witness statements, and other supporting documentation. 

Additionally, you must do the following:

1. Give notice of the proposed conservatorship to the conservatee and their relatives, including spouses, parents, adult children, siblings, grandparents, and adult grandchildren. 
2. Meet with a court investigator who will explain the arrangement to the proposed conservatee and inform them of their right to object. If they are unable to provide an opinion on the conservatorship or fully understand the nature of the arrangement, the investigator can appoint a lawyer to represent the proposed conservatee.
3. Attend a hearing, at which a judge will assess the petition and evidence and determine whether to grant the conservatorship. 

State courts will typically consider family members or close friends as potential conservators but may also appoint a professional fiduciary or public guardian if no suitable candidate is available. 

If you are seeking to establish a conservatorship for a loved one, turn to Dallara Law. The process is often complex, but with our Simi Valley conservatorship lawyers’ insights and dedicated support, you can avoid potential pitfalls and pursue your case with confidence. 

Can You Contest or Alter a Conservatorship

Yes, it is possible to contest a conservatorship in California. You may do this as a proposed conservatee or someone who cares for a proposed conservatee. Should you believe a conservatorship is unnecessary, you can file an objection with the court. 

Additionally, if circumstances change and a conservatee's condition improves or deteriorates, modifying or terminating a conservatorship is an option. For example, if a conservatee regains the capacity to make decisions for themselves, they can request to have the arrangement terminated. 

As with establishing a conservatorship, contesting or altering one is complicated. Retaining a skilled attorney who can guide and advocate for you in these types of cases is advantageous.