A conservatorship is a strategy to assign a legal guardian called a conservator to an adult who can no longer care for their own financial or personal matters. The conservator’s duty is to provide such care to prevent others from taking advantage of someone who lacks the ability or capacity to make important decisions regarding their life and finances. Although often used to ensure protection over an elderly loved one, conservatorships can also protect much younger adults.
Our Walnut Creek Conservatorship Lawyers
Feldman Law Group’s conservatorship attorney in Walnut Creek can help you seek the establishment of a conservatorship over a loved one. This is a sensitive and serious legal process that requires careful planning to ensure your chances for the best possible outcome are secured. Because what’s at stake is someone’s independent control over their own lives, the courts will not take conservatorship cases lightly – and neither will we.
If you believe a loved one needs protection through conservatorship, reach out to Feldman Law Group online or by calling (925) 208-4543 to arrange a consultation with our conservatorship attorney in Walnut Creek.
Conservatorships That Can Work for Your Family
A conservatorship case is one that will involve an investigation by the court to determine if and to what extent one adult will be legally responsible for the care of another adult who lacks the capacity to do so. Conservators can control someone else’s estate, their actual self, or both – but in any case, the objective is to protect the wellbeing and interests of the party for whom the conservator is responsible.
Any and all family members of the allegedly incapacitated relative will be notified of the conservatorship case, and the latter party will be represented in court by a public defender to protect their rights. If you’re seeking a conservatorship over someone else (the conservatee), the job of your conservatorship attorney in Walnut Creek is to successfully argue that your loved one will be better protected and cared for with you as their conservator.
The court will conduct its own investigation into the matter and interview other relatives. A judge will then weigh all the arguments and evidence and decide what to do for the best interests of the conservatee.
What Is a Limited Conservatorship?
A limited conservatorship follows much of the same process as a general conservatorship, but in this case, the conservatee is an adult living with a developmental disability such as autism or Down’s Syndrome.
Establishing a limited conservatorship is an effective way to retain your ability to provide the same level of care and support for a special needs adult that you always have, without running into roadblocks at the doctor’s office, the bank, and elsewhere because they are 18 or older. Any adult can file for a limited conservatorship over another adult, but in most cases it’s a parent or sibling doing so – despite this, the court is authorized to appoint any adult it deems responsible.
A limited conservator’s responsibility will cover care for the person (food, clothing, shelter, healthcare, etc.) and/or that person’s estate (including asset management, collecting income, paying bills, filing taxes, etc.). Ultimately, a judge will determine the extent of the conservator’s control over the conservatee’s life.
Typical orders in limited conservatorship cases permit conservators to:
- Manage the conservatee’s financial affairs
- Make decisions regarding housing or place of residence
- Make decisions regarding education or vocational training
- Have access to otherwise confidential records
- Contract on behalf of the conservatee
- Consent to medical treatment (or withhold consent for treatment)
It’s even possible that a conservatee is granted control over someone else’s social and romantic relationships, permitting them the authority to allow or deny consent to marriage.
Contact Feldman Law Group for Help!
Walnut Creek conservatorship attorney Aaron Feldman helps parents and guardians establish limited conservatorships tailored to meet their specific needs – and has done so for more than 35 years! We can help you build a plan that makes sense for the details and nuances of your situation and family’s wishes.
Reach out to us online to find out how our conservatorship attorneys in Walnut Creek can help you take steps toward securing a meaningful conservatorship to protect an adult in your life you care about!