Palos Verdes Conservatorship Lawyer

Palos Verdes Conservatorship Attorney

When an individual cannot take care of their finances or personal needs, a conservatorship case can be pursued to appoint a conservator. The conservator will be in charge of handling the conservatee’s affairs, depending on the type of conservatorship granted by the court. Working with a Palos Verdes conservatorship lawyer is key to advocating for your loved one’s legal rights.

Protect Your Legal Rights With Confidence

Working with a Palos Verdes estate planning lawyer is key when pursuing a conservatorship. For over two decades, attorney Andrew M. Meinzer of Meinzer Law Firm, PC, has helped residents of California pursue the right legal options for their family’s needs.

When you meet with attorney Andrew M. Meinzer at our office in Torrance to discuss your situation, you’ll be able to describe your case in detail. From there, our team can provide transparent legal advice and develop a customized legal strategy tailored to your unique needs.

Conservatorships in California

Rancho Palos Verdes is home to 40,864 residents in 2024 and residential neighborhoods such as Mira Catalina, Country Club, The Crest, and Los Verdes. Those living in Rancho Palos Verdes get to enjoy miles of ocean and endless amenities. With the average age of residents being 49.1 years old in 2024, those living their golden years in Rancho Palos Verdes have a peaceful existence with their loved ones.

If someone you love in Rancho Palos Verdes is struggling to manage their personal needs and finances, you may be able to file to be their conservator. In 2023, there were 18,134 conservatorship and guardianship cases filed throughout California.

These cases are typically filed for those with age-related, developmental, and cognitive disabilities. In 2022, 7,664,913 adults in California lived with a disability. Of these residents, 3,442,747 had a cognitive disability. Across the United States, approximately one in nine elders over 65 years old has Alzheimer’s.

Filing a Case

Depending on the specific needs of the individual, pursuing a conservatorship may improve their standard of living. However, deciding to file this type of legal case comes with extensive responsibilities and is only awarded when alternative options won’t work for the conservatee. Conservatorships are only granted for adults, not for children with disabilities.

Types of Conservatorships

Generally, courts in California want conservatees to live as unrestricted as possible. There are a few different types of conservatorships that may be granted, depending on the needs and disabilities of the conservatee. This can include:

1. General conservatorship: This type grants the conservator the authority to manage all necessary responsibilities in the conservatee’s life, such as their finances, healthcare, and personal lifestyle.
2. Limited conservatorship: This type severely limits the conservator’s authority, only granting specific and limited responsibilities over the conservatee.
3. Conservatorship of the person: This type allows the conservator to make decisions regarding the conservatee’s personal life and care, such as healthcare plans.
4. Conservatorship of the estate: This type allows the conservator to manage the conservatee’s finances.

If the conservatorship includes handling the conservatee’s finances and personal decisions, the court may award multiple conservators to manage different tasks.

The Process of Filing for a Conservatorship in California

When pursuing a conservatorship in California, the court must find that it’s the right option for the conservatee if no other alternative options are viable. This process is usually overseen by the Stanley Mosk Courthouse, located at 111 North Hill Street in Los Angeles. You’ll need to hire a conservatorship lawyer before pursuing a conservatorship, as they’ll be able to help make sure you navigate California’s legal process with confidence.

Typically, the person to file the conservatorship case is either the potential conservator or another interested party. The conservatee may file as well. Once your case is filed, you’ll be given a court hearing date, where you and your attorney will present your case to the court judge, who will then make a decision about the conservatorship. When awarding a conservatorship, courts prioritize granting the authority to the conservatee’s:

1. Spouse
2. Child over the age of 18
3. Parent
4. Sibling

A public guardian may be granted if the situation suits it.

FAQs

What Are the Duties and Responsibilities of a Limited Conservator in California?

In California, there are seven duties and responsibilities of a limited conservator. This includes being in charge of fixing the conservatee’s residence, having access to their personal records, deciding if they can marry or not, allowing them to sign contracts, being in charge of their medical consent, being in charge of their social and romantic relationships, and deciding on their education.

Who Pays for the Conservatorship in California?

In California, the person responsible for paying for conservatorships is the conservatee. This money typically comes from their estate and helps contribute to the legal expenses, court fees, and conservatorship services after the conservatorship has been granted by the court. There is no fixed minimum amount of pay for conservators in California.

What Are Alternatives to Conservatorship?

In California, there are a few different alternatives to conservatorship. A power of attorney can appoint someone to be in charge of the individual’s finances. An advanced healthcare directive allows a trusted person to be in charge of medical decisions.

A special needs trust can be set up to help pay for non-essential expenses while helping the disabled adult qualify for government benefits. Supported decision making allows a trusted adult to help the disabled individual understand and communicate their decisions.

What Happens if the Conservator Isn’t Doing Their Job?

If the conservator isn’t doing their job, whether it’s by neglecting the conservatee’s needs or mishandling their finances or personal decisions, it’s important to seek legal counsel to try to contest the conservatorship. Working with an experienced attorney can help advocate for the conservatee’s legal rights. If you can successfully prove that the conservator is working against the interests of the conservatee, the court may remove them as the conservator.

Hire a Palos Verdes Conservatorship Lawyer You Can Rely On

Taking on a conservatorship case is an enormous responsibility that comes with intense emotions. In your case, you need an empathetic attorney with years of experience helping clients in similar situations. Reach out to Meinzer Law Firm, PC, today to learn how our experienced team can help you.