Excellent law for senior citizens

Published On March 10, 2017 | By Rocco Agwu | Attorney

Just as it is not easy for a parent to watch their child become an adult, it is hard for a grown child to watch their parents get senior citizenship status. Now, at this stage maybe a parent or grandparent suffer from memory loss. It is also possible that they have had an injury or illness that has hit them hard. Either way, if you love someone who can no longer go for his/her daily task as they used to, it is likely that you are considering conservatorship. The requirement of conservatorship comes when an aged person suffers from a disability that impairs their movement or mental situation. Legally it is when a judge determines a conservatee to be physically unable or unsuited to take care of either their finances or themselves. As they cannot make intact decisions regarding themselves, the judge allows a conservator to do so. Most of the time a conservator can be an adult child, a trusted friend or family member.

Basic forms of the conservatorship

There are two main types of conservatorship. First is the conservatorship of the person and another is for the estate. In the first case, a conservator looks after the infirm conservatee. They will help with daily tasks like cooking, cleaning, arranging transportation, medical help etc. In the second category, a conservator manages financial affairs and sees that the bills and taxes are paid in time. The responsibility includes wisely investing the conservatee’s assets, accounting and reporting to the court regarding the financial plans. The appropriate court order also lets the conservator handle business affairs. Conservatorship in California including Walnut Creek & San Francisco categorizes them into further forms. It is the Lanterman-Petris-Short Conservatorship. They are used in cases of serious mental illness that need special care. These conservatorships are needed for people who need very restricted living arrangements. But this type cannot be chosen on your own. If you think you need LPS conservatorship you must contact your local county Public Guardian or Public Conservator.

Where to start from?

Conservatorship in California including Walnut Creek & San Francisco requires a potential conservator to have an attorney to help them through the different part of the process. If something happens to the conservatee’s assets, the conservator can be held liable for damages. Having an attorney prevents any financial malpractice as well as protects the conservator. The process gets started filling the forms with the Probate Court and giving copies to the conservatee along with his/her relatives. A court investigator must talk with the conservatee and with others who may know the situation. After the investigation, a hearing date will be scheduled and the judge will decide whether the aged person needs any conservator. If yes, then the judge will decide who the conservatorship must be appointed. Here, a family member can object to the proceeding or propose for a different conservator. If a conservatee fails to come to the court for medical reasons, he/she must appear at the hearing as the judge often wants to question them.

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