(408) 443-2397San Jose Limited Conservatorships Attorney
California Law Firm Helping You Through the Conservatorship Process in the Interest of Helping Your Loved One with Developmental Disabilities
Our California estate planning law firm has extensive experience representing clients concerned about the special needs of their family members and other loved ones. Our attorney’s passion for this area of the law comes from when he saw the effects of long-term illness on a loved one. People with physical or developmental disabilities require proper medical care and forward-thinking to ensure their well-being today and into the future.
A conservatorship is a court process to appoint a legal guardian for an adult who can no longer manage their personal affairs or care for themselves. Recently, one famous example is the conservatorship of Britney Spears by her father. This court-mandated arrangement lasted for more than a decade.
While the Spears case may be the most popularized, it is more common for an adult to need a conservatorship due to dementia, mental illness, developmental disabilities, or an injury or condition that limits an individual’s decision-making abilities. The conservator maintains legal authority over care aspects of the conservatee’s life.
What Are the Differences Between California Conservatorships and Guardianships?
Guardianships are similar to conservatorships in that they protect the interests of their wards, but there are some key differences. While a conservatorship is meant for an adult with disabilities that render them unable to care for themselves in their day-to-day lives, a guardianship is for a minor child.
In most cases, guardianships are established in probate court when closing a person’s estate after death and determining where the minor children will reside and be cared for. Legal guardianship is subject to the same court oversight as conservatorships.
Filing for a guardianship or conservative ship is typically only allowed during certain circumstances. For your guardianship or conservatorship to be granted by the courts and to make sure that a judge appoints the proper legal conservator or county public guardian, it is essential to seek professional legal guidance.
What Are Probate Conservatorships?
When a probate conservatorship is established, the court appoints a conservator to be responsible for the adult conservatee. The court typically chooses a family member as conservator but may choose a neutral third party like a friend, bank, or California-licensed professional fiduciary when a family member is unavailable (or to avoid family conflict).
When a judge determines that a person (known as the “conservatee”) cannot care for themselves, a conservator of the individual provides care and protection.
If the court determines that the conservatee is incapable of handling their financial affairs, such as paying their bills and collecting their income, a conservator of the estate is appointed.
What Are Limited Conservatorships?
A limited conservatorship can be requested for an adult with a developmental disability (autism, cerebral palsy, epilepsy, intellectual disability, or a similar condition) who receives services from one of California’s regional centers or a state hospital. In most cases, when a developmentally disabled adult is involved, the court structures the conservatorship to provide as much independence as possible.
Often, the parents of a developmentally delayed adult serve as conservators, although siblings and other family members can also serve. A conservator must be of a certain age; a minor child cannot serve in this role.
For most adults with no income other than public benefits, a conservatorship of the person is allowed. A conservatorship of the estate is used where the disabled adult receives outside assets, like inheritance or lawsuit proceeds.
You will need legal representation for conservatorships or conservatorships of the estate. Contact Keyes Law Group, PC, to learn how we can help.
What Powers Are Permitted Under a Limited Conservatorship?
Once a judge appoints a legal conservator, that authority figure will have some or all of the following powers:
- Access to confidential records and papers
- The authority to determine where the conservatee lives
- Ability to make informed decisions about the conservatee’s education or vocational training
- The right to contract on behalf of the conservative
- Authority to give or withhold medical treatment, with certain exceptions
- Control over the person’s estate, including the conservatee’s assets and financial security
- The legal right to place a conservative in a state hospital for the developmentally disabled or other locked facility
- The ability to provide or withhold consent for marriage
- Authorization to control the conservatee’s social activities and relationships
The full scope of the conservatorship will depend on several factors, including the judge’s decisions. The conservator must always act in the best interests of the conservatee. To better understand the rights and responsibilities of conservators and conservatives, please contact an attorney to discuss your case in a consultation.
What is a General Conservatorship?
General conservatorships are created to protect individuals who can no longer manage their personal or financial affairs. General conservatorships are most often utilized in cases of elderly people whose mental or physical capacity has been seriously compromised due to the process of aging or a mental health condition.
A general conservatorship may also be used in cases where a younger person has been severely impaired due to a personal injury accident or chronic illness.
General conservatorships are the most all-encompassing of all conservatorship legal arrangements in California. In this type of conservatorship, the conservator has all legal rights and responsibilities except the ones that a judge deems unnecessary.
Should You Consider Creating a Special Needs Trust for a Developmentally Disabled Person?
If you have a disabled adult child, you need to begin planning for what will happen to them after you are dead and gone. This can be a troubling subject to think about, but unless you take certain steps to plan for the future, your special needs children could be left at a disadvantage in the future and potentially lose access to government benefits.
Our estate planning lawyer can explain the benefits of creating a special needs trust for your disabled loved ones. This type of trust preserves your disabled family member’s public benefits while also providing additional financial support to them after you are no longer able to care for them. A special needs trust will be managed by an appointed trustee the trust creator can predetermine how assets such as bank accounts or real property will be distributed.
Contact our San Jose law office to discuss your estate planning needs today.
Schedule Your Initial Consultation with Our San Jose Limited Conservatorships Lawyer Today
Our California law firm is well-versed in the applicable laws pertaining to guardianships, conservatorships, and special needs planning. Our attorney and founder is passionate about this area of the law, and we will do everything we can to help you reach the most satisfactory conclusion for you and your family.
To learn more about our legal services, please contact our law offices to schedule a no-obligation case evaluation with our legal team today.
We can be reached at 408-443-2397.