
Taking care of family members after they become incapacitated is a challenge that all families go through. When it happens to you, it can be difficult to know what to do. When you have questions about conservatorship laws and need the assistance of a Manhattan Beach conservatorship lawyer, Meinzer Law Firm, PC, has the experience to help.
Conservatorships are only one of many estate planning options that families have when it comes to caring for loved ones. They are designed to provide protection and stability for vulnerable seniors and adults. A conservatorship offers one way to oversee the management of daily life and care.
Sometimes, court-appointed conservatorships are a problem for families when they believe they can take care of matters better themselves. If an unpopular conservatorship is being imposed on your family, this is also something our law firm can help with. Depending on your circumstances, there may be alternative solutions to care for your loved one.
At Meinzer Law Firm, PC, we understand how conservatorships work. Whether you need help establishing a conservatorship or opposing one, we have extensive experience on both sides. When you need to hire a conservatorship lawyer to handle your case, our Manhattan Beach conservatorship attorney has you covered.
If a legal proceeding is necessary in your case, it will be handled by the Los Angeles County Superior Court, with most cases heard at the local Torrance Courthouse. Even if you are unfamiliar with the court system, we can help you meet all court deadlines and requirements in a timely manner.
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A conservatorship is a legal arrangement in which a judge appoints a responsible person (a conservator) to manage the financial and/or personal affairs of an incapacitated adult. This adult (conservatee) cannot care for themselves due to physical or mental limitations. It is a court-ordered, often permanent measure to protect the individual from abuse or self-neglect.
Generally, the two types of conservatorships include:
Conservatorships are a common solution for many families, but for others, they are an inconvenience. About 1.3 million cases for guardianship or conservatorship cases are active in the US. The assets in question total at least $50 billion. Regardless of whether you need to establish a conservatorship or you are trying to avoid one, our law firm can help.
Depending on your circumstances, a conservatorship may be the solution you need to care for a loved one who can no longer care for themselves. Establishing a conservatorship for an incapacitated adult involves filing a petition in probate court to legally appoint a conservator to manage the finances and property of the incapacitated person.
The process can be intensive, and it can be helpful to seek out the assistance of a skilled conservatorship attorney. Typically, establishing a conservatorship requires providing evidence of incapacity, such as doctor reports, serving legal notice to interested parties, and attending a court hearing. The entire process can take several months and involves court filings and investigator reviews.
On the other hand, some families want to avoid conservatorship. For individuals who want to establish legal documents while of sound mind, a durable power of attorney (POA) and revocable living trust can work as solutions to oversee finances and personal affairs while avoiding a future conservatorship.
Sometimes, families run into a situation where a loved one has no estate planning documentation. If this sounds familiar, you are definitely not alone. Only 46% of American adults have created estate planning documents.
When this happens, the court may want to impose a conservatorship upon you or a loved one. However, there are other options you can discuss with an experienced estate planning lawyer.
You should hire a Manhattan Beach conservatorship lawyer from Meinzer Law Firm, PC to navigate complex conservatorship laws and emotionally charged legal proceedings. They can protect the rights of the incapacitated person. An attorney can help establish, contest, or terminate conservatorships, manage fiduciary duties, avoid costly mistakes, and resolve family disputes in Manhattan Beach.
An attorney’s charge for helping with conservatorship issues in California varies significantly. It largely depends on the complexity of your situation and the attorney’s experience. If the case is contested, you can expect higher costs. Most attorneys allow individual consultations where you can ask questions about their fees before agreeing to work with them.
Contact a conservatorship attorney when a loved one can no longer manage their own financial affairs. This could be due to incapacity, such as dementia, serious illness, or injury. This is especially important if they lack proper legal documents, like powers of attorney. Key indicators include unpaid bills or financial exploitation by others. It’s never a bad time to have your conservatorship questions answered.
California’s newest and major conservatorship law is Senate Bill 43 (SB 43). This went into effect in 2024 and significantly expanded the definition of gravely disabled. It now includes people unable to provide for their own basic needs due to severe mental health issues or substance use disorders, making it easier to place them into involuntary conservatorships.
The difference between a conservator and a guardian is what each one oversees. A guardian manages an incapacitated person’s personal daily needs, such as health, housing, and care. A conservator handles their financial affairs and property. Guardians focus on well-being, whereas conservators manage assets, pay bills, and handle investments. One is about everyday life, and the other is about finances.
If you need to hire a Manhattan Beach conservatorship lawyer to help you understand complex laws and handle your conservatorship case, Meinzer Law Firm, PC, has two decades of experience to apply to your situation. Contact us to schedule your initial consultation today.