Any court case leading to the appointment of either an organization or individual by a court to be in charge of caring for another person, usually an adult or elderly person who is incapable of looking after himself or herself or able to mange his/her resources, is conservatorship. So, you can see that it is usually preceded by a court case. There are legal terms used for both the person and agent taking care of the other adult. They are conservators. So, if an individual is assigned to look after another elderly person, he/she is the conservator of that elderly person. On the other hand, the elderly person being looked after is called a conservatee.
In a probate situation, the court; that is, the probate court, will be vested with the authority and right to choose or appoint someone to administer the assets as well as finances of the person being protected. The legal term ‘conservatorship’ varies from one country or state to another. While in some states it is called conservatorship, in other states it is called guardianship. However, both terms can be used interchangeably as your conservatorship Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley would always say.
There are some similarities and differences between conservatorship, trusteeship and the power of attorney. While it is similar to that of trusteeship, the powers, level of operations and limitations are set according to specific regulation. The trusteeship is a voluntary trust declarations or agreement. Conservatorship is also rigid compared to the trustees’ authorized powers. Both conservatorship and powers of attorney are also closely related. Conservatorship differs from both durable powers of attorney and trusts in the sense that the court supervises conservatorship and also makes sure the appointed conservator is accountable to the court directly.
Types Of Conservatorship
The need of the conservatee will determine the particular type of conservatorship that should be operated because there are different types of it according to professional conservatorship Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley. They are:
- Probate conservatorship. These are operated according to the Californian Probate law. As the most common types of conservatorship, they can either be general or limited conservatorship. The general one relates to taking care of older person who is not able to do so herself/himself. While they are mostly elderly, they could also be young people who have serious impairment problems resulting from a car accident. The limited type of probate conservatorship arises from a situation where an adult has some developmental disabilities making it difficult for him/her to cater for him/herself and associated resources. The level of care here is quite minimal compared to that of general.
- The LPS (Lanterman-Petris-Short) conservatorship. This has to do with the type of care meant for adults having mental problems who cannot take care of themselves. You can consult your conservatorship Attorney Los Angeles, Woodland Hills, Encino, Tarzana, Chatsworth and the entire San Fernando Valley for appropriate guidance on which to operate.
Don’t hesitate to contact the Leventhal Law Group, P.C to learn about your rights and options against improper treatment from debt collectors and to sue a debt collector that has broken the law. Call 818-347-5800 for a free consultation today!