Experienced San Bernardino County Attorneys Create Sound Conservatorships and Guardianships
Protecting the rights of those unable to protect themselves
If an adult is mentally incapacitated due to age or illness and has not signed a durable power of attorney while they were yet competent, relatives may need to care and make decisions for that person — but may not have the authority to do so. A conservatorship allows a person appointed by the court to take control and manage the incapacitated person’s assets and make their medical decisions. The Redlands attorneys at James B. Church & Associates, P.C., Attorneys at Law help you establish conservatorships — and guardianships for an individual who is under 18 — to protect the best interests of your loved ones.
The key advantages of conservatorships
Most people intend to make plans for when they grow older, but a disease or accident may strike suddenly and before there’s time for adequate estate planning. In California, there are three types of conservatorships. The most common is a general conservatorship for a person who requires assistance because they are no longer to manage their affairs in a reasonable and competent manner. A conservator of the person and conservator of the estate will need to be appointed. The conservator of the person is responsible for overseeing the incapacitated individual’s personal affairs, such as medical care. The conservator of the estate, on the other hand, is charged with managing the person’s assets. It’s common for one person to be assigned to both roles.
Conservatorship arrangements have many advantages, including:
- Protecting assets. The conservator has control over the assets, including real property owned by the conservatee. This allows the conservator to protect the loved one from individuals who may wish to take advantage of the situation.
- Medical care decisions. A conservator has authority to make medical decisions for the conservatee, ensuring that the incapacitated person’s wishes are upheld.
- Protecting rights and interests. Without someone watching over, the legal rights of an incapacitated person may be trampled. A conservatorship agreement gives another person the ability to protect those rights.
- Court Review. The court will require that the conservator be transparent in their actions. All members of the family will be informed and have a right to review the actions of the conservator. The court will also review the actions of the conservator to protect the individual.
The disadvantages of the conservatorship. Conservatorships can be very complicated. The court will supervise all aspects of the conservatorship and may require regular accountings.
A limited conservatorship. Disabled adults often times need assistance with their medical and financial decisions. A distinct type of conservatorship is available to assist the challenged adult with their affairs. Our office has years of experience assisting parents and other family members in obtaining and retaining limited conservatorships.
An LPS conservatorship. A third type of conservatorship arises on occasion. The LPS conservatorship is managed under mental health regulations. If your family member has been placed under an LPS conservatorship and you desire to become their conservator, our office has experience in this unique area of law and can assist you.
A Guardianship. When a child, because of circumstances, needs someone to make medical and financial decisions for them, a guardianship can be established. A guardianship automatically terminates when the child reaches age 18 and can make their own decisions.
San Bernardino attorneys can set up and manage conservatorships
Managing the affairs of an incapacitated loved one is never an easy process, from both a personal and financial perspective. A skilled estate planning lawyer helps you make the necessary arrangements, assists with the legal filings and offers sound advice on how to proceed with legal and financial matters. You can trust in the firm’s more than 40 years of experience in estate planning law. The firm is familiar with the entire legal process of obtaining a conservatorship. When the circumstances warrant fast action because of a medical or financial emergency, the firm will assist you in getting a conservatorship within a short period of time, sometimes within a few days.
There are times when families do not agree about the care of their loved one. As experienced conservatorship attorneys, we will be invaluable in assisting you with obtaining a contested conservatorship and in managing the conservatorship in the face of possible accusations from others. Our experience in this complicated practice area is a major key to success for our clients.
Call today to speak to a conservatorship attorney in Redlands
For help setting up a conservatorship or guardianship, contact James B. Church & Associates, P.C. today. You may reach the firm online or by calling 909-283-0659. The firm’s downtown Redlands office has plenty of parking for your convenience.