Conservatorships Attorney in Woodland Hills, California

Conservatorship is among the legal options through which the court appoints a competent person to manage the personal and financial affairs of a minor or incapacitated person. In California, the court may be able to appoint a conservator to care for and manage the finances of another adult who is unable to care for themselves or manage their own finances.

If you need detailed guidance for appointing a conservator for an incapacitated person or if you've been appointed as a conservator and want to understand your rights and responsibilities, consulting with a knowledgeable California conservatorship attorney is crucial. At The Law Offices of Kenneth W. Drake, Inc., I'm committed to offering experienced legal counsel and reliable advocacy to clients in estate planning and conservatorship matters.

I'm available to discuss your unique situation and offer you the detailed legal counsel and dedicated support you need to appoint a conservator. Even if you have been appointed as a conservator, I can guide you through the conservatorship process and help you execute your duties and responsibilities diligently. Also, I can provide you with litigation assistance if you need to sue on behalf of the protected person or defend yourself against a lawsuit.

My firm – The Law Offices of Kenneth W. Drake, Inc. – proudly serves clients across Woodland Hills, California, and surrounding areas throughout the San Fernando Valley, including Los Angeles, Ventura, and Santa Barbara counties.

Understanding Conservatorships

Conservatorships can be described as legal arrangements whereby the court appoints a responsible person, entity, or organization – known as the "conservator" – to manage the personal and financial affairs of an incapacitated adult. The person whom the conservator is appointed for is referred to as the conservatee.

Depending on the conservatee's needs, there are different types of conservatorships in California. These include:

Probate Conservatorships

Probate conservatorships are the most common type in California. The probate court will appoint a conservator to oversee the conservatee's health, education, care, finances, and certain legal decisions. Probate conservatorships may include:

Conservator of the Person: This involves the probate court appointing a conservator for an adult who is unable to take care of himself or herself. The conservator will make necessary arrangements for the food, shelter, healthcare, medical decisions, and clothing of the incapacitated person.

Conservator of the Estate: The probate court may also appoint a conservator to manage the financial matters of the incapacitated person, such as collecting their income and paying bills, should the court decide that they're unable to handle such financial matters on their own.

Lanterman-Petris-Short (LPS) Conservatorships

In California, Lanterman-Petris-Short (LPS) conservatorships are often required to care for adults who have serious mental health issues and need special care. An LPS conservatorship may be necessary if the person needs very restrictive living arrangements and extensive mental health treatment. Only a local government agency can start an LPS conservatorship.

What Are the Duties of a Conservator?

A conservator has the following duties:

Conservator of the Person:

• Make provisions for the care and protection of the incapacitated person.

• Make living arrangements for the conservatee.

• Make arrangements for the conservatee's meals, clothing, transportation, housekeeping, shelter, and personal care.

• Seek court approval for certain decisions regarding the healthcare or living arrangements of the incapacitated person.

• Update the court regularly about the current status of the conservatee.

Conservator of the Estate:

• Manage the personal finances of the conservatee.

• Identify, evaluate, and manage all the conservatee's assets and property.

• Receive the conservatee's income on the person's behalf.

• Pay the conservatee's bills and living expenses.

• Invest the conservatee's money judiciously.

• Protect the conservatee's assets and property.

If you've been appointed as the conservator of a person or an estate, you need to speak with an experienced conservatorship lawyer like myself straight away. An attorney can walk you through the entire conservatorship process from start to finish and offer insights into how to execute your duties and responsibilities diligently and ethically.

Who Can File for a Conservatorship?

Any of the following individuals may be eligible to file for a conservatorship:

• The potential conservatee, himself or herself

• The domestic partner or spouse of the potential conservatee

• A close relative of the potential conservatee

• A friend of the potential conservatee

• Any other interested person

• Any interested local or state agency, organization, or entity

The California court will only appoint a conservator based on the best interests of the conservatee. An experienced attorney can educate you about the conservatorship process and help you navigate crucial decisions.

How Legal Counsel Can Help

Unfortunately, many American families are unaware of the important role a conservatorship plays in the lives of incapacitated persons. However, before you appoint a conservator or you start acting as one, you need to understand the basics, your duties, responsibilities, and legal rights. Therefore, it is important that you consult with a knowledgeable conservatorship attorney for detailed guidance and to navigate crucial decisions.

At The Law Offices of Kenneth W. Drake, Inc., I have the resources, diligence, and experience to guide, advise, and assist clients through the process of establishing conservatorship. As your legal counsel, I can assess your personal situation, enlighten you about the conservatorship process, and explore your available legal options. Also, I can help you understand your legal rights, roles, and responsibilities as a conservator and how to execute them. Using my in-depth legal knowledge, I can guide you through the conservatorship process and help you make intelligent decisions as a conservator.