How Do You Establish a Conservatorship?

What is the Purpose of a Conservatorship?

A conservatorship is a legal process that allows another person or organization to manage the affairs of a mentally or physically incapacitated individual (conservatee). The court appoints a conservator whose roles may include guardianship to oversee the individual’s person or estate or both. In terms of Conservatorships, an individual’s PERSON generally includes physical care, healthcare, housing, and daily living arrangements, while a person’s ESTATE generally includes all financial matters.

If you have a loved one who is incapacitated, skilled Orange County estate planning attorneys can guide you on how to establish a conservatorship. They can provide legal counsel on the benefits of the legal process and how it works. It’s crucial to note that a conservatorship serves the conservatee’s needs and not the conservator’s interests.

What Are the Types of Conservatorship?

Before establishing a conservatorship, it would help to understand the different types and how each serves the intended purpose. Conservatorship lawyers in Orange County highlight the following types, categorized by style and duration:

Conservatorship by Style

Conservatorships by style are further divided into the following classes:

• General Conservatorship: This type of conservatorship is for adults who have become seriously impaired by reason of age, disease or accident.
• Limited Conservatorship is for adults with developmental disabilities that arose before their 18th birthday and who are clients of a Regional Center. It is called “Limited” because the court will limit the conservator’s authority based upon seven (7) possible powers in order to foster and promote self-reliance of the individual.
• LPS Conservatorship, also known as a mental health conservatorship, is a legal process where the court appoints a conservator to oversee the medical and mental health treatment of an adult who is “gravely disabled” due to mental illness. This type of Conservatorship can only be initiated by the Public Guardian of the county of residence and not by relatives, loved ones or friends. However, once initiated, the Public Guardian may support an alternative Conservator’s application for Conservatorship.

Conservatorship by Duration

Orange County conservatorship lawyers further explain that conservatorships can be:

• Short-term: They typically last no more than 90 days and are meant to address an immediate, specific need. You can establish this conservatorship if your loved one suddenly becomes incapacitated.
• Temporary: It lasts for a limited period or under restricted conditions, such as when the conservatee enters into a medical coma.
• Permanent: This type will last for the rest of your loved one’s life unless circumstances change. In that case, the individual can file to have the conservatorship rescinded, but they will need to present their case and be issued a court order terminating the arrangement.

What Is the Process of Establishing Conservatorship

The process of establishing conservatorship happens in a probate court in the county where the conservatee lives and entails the following steps:

Gather Evidence

Before filing a conservatorship petition, it’s crucial to compile evidence to support your claim that the conservatee is incapable of managing their person or affairs. Conservatorship attorneys in Orange County say an excellent starting point would be to contact the individual’s physicians, who may provide documentation and insights into the extent of incapacity.

The court will need to see this proof in the form of a “Capacity Declaration” document from the healthcare provider. The conservatee’s caretaker may also be able to testify why conservatorship is necessary. Remember that other interested parties have the right to contest the conservatorship, so be prepared for such legal issues.

File a Conservatorship Petition

The next step is to submit a Petition for Appointment of Probate Conservator to the probate court. Skilled Orange County conservatorship lawyers can guide you through this process, ensuring you fill out the necessary forms correctly and present the facts of your case precisely.

The form requires you to provide information about yourself as the proposed conservator and the conservatee, as well as details about the family members. You also must indicate why the individual needs to be placed under a conservatorship.

Submit a Confidential Supplemental Information Form

The Confidential Supplemental Information Form requires you to provide more details about the information you provided in the previous form about the reasons for conservatorship. This is your chance to submit concrete examples from the life of the proposed conservatee that establish a pattern that proves the need for conservatorship.

The form also requires you to explain why alternatives to conservatorship, such as power of attorney, are not viable. Once a conservatorship is granted, the court must supervise it, which can be costly. So, courts emphasize the need to explore less restrictive alternatives before filing for the process.

Submit A Confidential Conservator Screening Form

This form requires more information about the petitioner, asking for more details about your relation to the proposed conservatee, criminal background, and other necessary information. Since conservatorship gives you access to the individual’s assets and affairs, the court must conduct due diligence to verify if you’re upstanding and won’t exploit the conservatee.

Sign the Duties of a Conservator Form

The Duties of Conservator Form is one of the most critical documents in the conservatorship process. It stipulates the conservatee’s rights and the conservator’s powers if the process is finally approved in court. Familiarize yourself with it to ensure you comply with the legal requirements.

The court will schedule a hearing to determine your case. You must deliver a Notice of Hearing to the proposed conservatee and their family members through a neutral party. They can contest the petition at the hearing.

A Skilled Estate Planning Lawyer Providing Legal Counsel on Conservatorship?

Establishing a conservatorship in Orange County can be a complicated process with many legal details to consider. An experienced attorney from our team can review your situation and explain what’s required to move forward successfully. The Kiken Group, A Professional Corporation, is a trusted estate planning firm serving clients throughout Orange County with the conservatorship process. Call us at 657-286-4782 for a FREE consultation today.