Conservatorship Attorney Los Angeles and Ventura Counties
A conservatorship is used in the State of Los Angeles when a person is physically unfit to handle his or her financial matters. This is when a conservator is appointed by the court of law to handle these matters for the person. The matters include managing the disabled person’s food, transport, recreation, personal well being, etc.
It is for the conservator to decide if the person lives at home or at an institution. Wherever he/she decides, should be the “least restrictive” as per the court of law. I am a Conservatorship Attorney Los Angeles and Ventura Counties perfectly capable of managing your financial and legal affairs should you require assistance.
The person who needs help is called the “conservatee” and it is granted by the court of law and “No conservatorship of the person or of the estate shall be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee”– this is one of the basic laws that govern this procedure.
Types of conservatorships
If a person is unable to take care of themselves, such as, if they have any disabilities or psychological disorders, or if they have become incapacitated because of an accident, a conservatorship is needed. However there are different kinds of conservatorships altogether.
- Conservator of an estate: This type of conservator handles the estate of the conservatee. They must use the assets and the money of the conservatee to support their education, or living. They are also liable to support the dependants of the conservatee. Also, if the court directs, and if the laws are in order, the conservator is also permitted to manage the person’s business matters.
- Conservator of person: This type of conservator ensures that the person concerned has enough social contact, lives a life provided with ample food, recreation, clothing, vacation, etc.
The benefit of conservatorship is that it can protect the person concerned against fraud, etc.
Expenses of conservatorship
Usually the conservator is entitled to some reimbursement sometimes supporting the conservatee before the conservatorship is handled. However it is important for the conservator to keep receipts and records of all the reimbursements paid. As such, you can always discuss this with your Conservatorship Attorney Los Angeles and Ventura Counties.
The proceedings usually begin when a person becomes so incapacitated that he or she is unable to take care of themselves. A petition has to be filed at court to begin the proceedings. The conservatorships are court supervised and the family members are given prior court notice of the proceedings. The final records and assets of the conservatee are summarized and an accounting is filed with the court.
Conservatorships can get costly due to litigation. Before filing for conservatorship, the concerned persons should consider the costs.
If there is a situation where the conservator needs to help the person by providing them, for example, a person with mental disorder needs to consume his regular medications and in that case, the conservator has some expenses. It is thus advised that the conservator get power of attorney. The powers of attorney cannot prevent the ill person from marrying or conveying the property – as is largely believed.