Redondo Beach Conservatorship Lawyer

Redondo Beach Conservatorship Attorney

When anyone’s well-being or finances are at stake, things can get contentious. This is especially true in conservatorships, which are court-ordered arrangements that appoint someone to manage another person’s personal care and financial affairs. Whether you are considering creating a new conservatorship or challenging the validity of one that is currently active, hiring a Redondo Beach conservatorship lawyer can help you navigate the issues at hand.

At Meinzer Law Firm, PC, we understand how personal conservatorship cases can be. We’ve helped clients create a new conservatorship out of concern for a loved one’s current needs, and we’ve helped others who felt like their rights were being violated in a current arrangement. Regardless of what is true of your particular situation, we have the knowledge and skills necessary to help you find a solution that works.

The Different Types of Conservatorships in California

There are two main conservatorships in California. Each has been designed to help those who are no longer able to manage their affairs independently. The intent behind these arrangements is to protect vulnerable adults who need an extra helping hand managing significant responsibilities. Conservatorships are not always permanent, and many conservatees may be able to recover and regain control of their affairs.

The first type is a probate conservatorship. This is the most common type, governed by the California Probate Code. They are most often used for adults who are suffering from significant health issues, such as older adults who have been diagnosed with dementia or someone who is recovering from serious injuries from an accident.

Within probate conservatorships, there are three subtypes to be aware of:

• Conservatorship of the person, which is when someone needs help making decisions about their health care, living situation, and general well-being.
• Conservatorship of the estate, which is when someone needs help keeping up with their financial obligations and steering clear of anyone trying to financially exploit their situation.
• Conservatorship of the person and estate, which is when someone is unable to manage both their physical care and finances. Sometimes, the court will appoint one individual to oversee both of these areas.

LPS Conservatorship

The other type is an LPS (mental health) conservatorship. The LPS stands for Lanterman-Petris-Short, which is an act that was designed to help individuals who are suffering from a severe mental health illness like schizophrenia or bipolar disorder. These are typically more restrictive conservatorships, as there is greater concern that the individual could harm themselves or their affairs if they are still making decisions alone.

Two items to be aware of for this type of conservatorship:

• These are reserved for individuals who are “gravely disabled,” meaning they cannot provide for their own food, shelter, clothing, or other basic necessities. It can also apply if the individual is unwilling to accept help.
• LPS conservatorships are often temporary and are reviewed frequently to see if they still meet the criteria necessary to be active.

For the first time in 50 years, California has modernized its conservatorship laws. SB 43 expands the criteria for conservatorships to include individuals who are unable to provide for their personal safety or receive medical care due to substance abuse. It also mandates increased transparency to address some historical issues with the arrangement, which could add significant value to the over 20,000 conservatorships that were reported in FY24 and are growing.

When the Public Guardian Steps in

A common question asked is what happens when someone doesn’t have a suitable family member or friend to step into this role. This is where the Public Guardian comes in. It’s a county-run agency that acts as a court-ordered conservator, which was founded in Los Angeles in 1945.

The professionals who work for this agency are specifically trained to help people who have been incapacitated. It’s a crucial safety net offered by the local government in California. The office of the Public Guardian is located on West Temple Street in Los Angeles.

While some people may see the Public Guardian as a “last resort,” this doesn’t mean that the quality of support is any less than one would receive from a family member or friend. In fact, some people go through this agency even when they have someone in their network who would help, but is not reliable or responsible.

As of September 2022, the Department of Developmental Services (DDS) served as conservator for 416 individuals across California. This emphasizes just how seriously this role is treated in the public system alone.

FAQs

Q: What Is the Average Cost of a Conservatorship in California?

A: How much you spend to secure a conservatorship in California will depend on the complexity of the matters you are dealing with and whether your desire for this arrangement is being contested. In addition to legal fees, you might also spend money on court filings, medical evaluations, or other types of investigations. If you are worried about costs, ask your lawyer if the conservatee’s estate could be used to cover some of the bills.

Q: Do You Need a Lawyer for a Conservatorship in California?

A: There is no legal mandate to hire a lawyer for your conservatorship in California. However, this doesn’t mean it’s a good idea to move forward without one. There is a considerable amount of work and responsibility to manage during this process, including very detailed paperwork, court appearances, and legal procedures. An estate planning lawyer can help you avoid common mistakes, saving you from unnecessary case delays.

Q: What Are the Downsides of a Conservatorship?

A: In Redondo Beach, one of the most commonly cited downsides of a conservatorship is the loss of autonomy on the part of the conservatee. Regardless of how much they might need help, they can be left feeling like their life decisions are being made without their input. For some, it feels like their dignity is being taken away. Because of this, there will be ongoing court oversight throughout the entire process to ensure the arrangement does not go on for longer than needed.

Q: How Long Does a Conservatorship Last?

A: There is no universal answer as to how long a conservatorship lasts, as the duration of a conservatorship depends on the type of arrangement in question and the circumstances of the individual. It’s true that some conservatorships can last for the rest of someone’s life, but this isn’t always the case. Some conservatorships are temporary. If it’s clear that the original issues that caused the need for the arrangement are no longer valid, there are grounds to end the conservatorship.

Contact Meinzer Law Firm, PC, Today

If you know someone who is struggling and could potentially benefit from a formal conservatorship, contact our firm to learn more. We can assess the situation and be honest about the legal protections we believe can balance everyone’s needs.