Protecting Your Loved Ones by Applying for Conservatorship in Los Angeles

A conservatorship is given to a person to make decisions on behalf of a married minor or adult who can not manage their estate or make legal decisions on their own. A conservatorship may be granted over the person, estate, or both the person and estate. A conservatorship is similar to a guardianship in Los Angeles because both have decision-making authority over a person. However, the process for becoming a conservator is different from that for becoming a guardian.

This article discusses primarily a general conservatorship. A limited conservatorship is primarily for developmentally disable people who can make some decisions on their own but sometimes need a conservator to make legal decisions for them.

Do you need a Conservatorship vs Guardianship? A Guardian is appointed to care for the person or assets of a minor (someone who is under age 18 and not married). A Conservator is appointed when someone needs financial or personal help and the person is over age 18 or married. 

For guardianship, contact a Los Angeles guardianship attorney. To get a Conservatorship, contact a conservatorship lawyer in Los Angeles.

Both guardianship and conservatorship may be for the person or the estate or both.

In order to apply for conservatorship in California, the person must be a family member, friend, or a professional whose job entails conservatorship services. Conservators have wide latitude to handle their wards assets. As such, it is important that a conservator be a person of good moral character. Although the law is not specific as to who is not allowed to be a conservator, the courts have the latitude to remove a conservator with a felony conviction. The Conservatorship is not effective until it is approved by the court.

There are two ways to become a conservator. The first is to be nominated by the person needing assistance, also known as the conservatee. Usually, the conservatee nominates a relative, such as a spouse, parent, or sibling, through a document known as a durable power of attorney. The conservatee may also nominate a person by petitioning the court, but this is far less common. The court still needs to approve a conservatorship if nominated through a durable power of attorney, however, the durable power of attorney still provides certain legal authority to the conservator without being appointed a conservator.

The second way is to petition the court to become a conservator. To petition the court you must be either a spouse, domestic partner, parent, child, sibling, or friend of the proposed conservatee. Government agencies may also petition for conservatorship. To become a conservator of the estate, you need to show that the conservatee is unable to manage their financial resources or resist fraud or undue influence. To become a conservator of the person, you need to show that the conservatee is unable to provide for their physical needs such as health, food, clothing, or shelter. Additionally, the conservatorship must be the least restrictive alternative needed for the protection of the proposed conservatee. If you have a document, such as a durable power of attorney, you may not need to obtain a conservatorship. You may also petition for a conservatorship in unique circumstances such as a member of the armed forces who is missing in action, a missing person, or a person with dementia.

There are two ways to become a conservator. The first is to be nominated by the person needing assistance, also known as the conservatee. Usually, the conservatee nominates a relative, such as a spouse, parent, or sibling, through a document known as a durable power of attorney. The conservatee may also nominate a person by petitioning the court, but this is far less common. The court still needs to approve a conservatorship if nominated through a durable power of attorney, however, the durable power of attorney still provides certain legal authority to the conservator without being appointed a conservator.

The second way is to petition the court to become a conservator. To petition the court you must be either a spouse, domestic partner, parent, child, sibling, or friend of the proposed conservatee. Government agencies may also petition for conservatorship. To become a conservator of the estate, you need to show that the conservatee is unable to manage their financial resources or resist fraud or undue influence. To become a conservator of the person, you need to show that the conservatee is unable to provide for their physical needs such as health, food, clothing, or shelter. Additionally, the conservatorship must be the least restrictive alternative needed for the protection of the proposed conservatee. If you have a document, such as a durable power of attorney, you may not need to obtain a conservatorship. You may also petition for a conservatorship in unique circumstances such as a member of the armed forces who is missing in action, a missing person, or a person with dementia.

While actually becoming a conservator in California requires a court hearing, there are other ways to accomplish many of the goals that a conservatorship accomplishes.

Financial Power of Attorney

A financial power of attorney in California provides the ability to do most things that a conservator of the estate would be able to do.

Advance Health Care Directive

An Advance Health Care Directive provides the authority to make many of the decisions that a conservator of the person would make when medical decisions are needed. In order to provide a California Advance Health Care Directive, the person must have the capacity to enter into legal contracts.

If you are attempting to assist someone who would benefit from a conservator of the estate or person, contact your experienced conservatorship lawyer in Los Angeles.

This all depends on your specific case and the situation your loved one is in. If you believe your loved one is putting themselves in danger and unable to take care of themselves or their finances, please do not hesitate to contact a conservatorship attorney in Los Angeles at (855) 529-7371 or [email protected] for a free consultation. I am here to help you decide the best option moving forward based on your specific situation.