Orange County Conservatorship Lawyer

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Conservatorships in Orange County

Watching a loved one grow older can be heartbreaking as you look on as the person struggles with tasks that used to be easy. Sometimes, aging adults just need a little more time to make decisions. However, if your family member is incapacitated, a conservatorship might be necessary. You can petition to become the conservator of the person, the conservator of the estate, or both. Then, you can protect your loved one by making personal and financial decisions and managing his or her affairs.

If you’ve come to this decision, you likely feel emotional right now, making it hard to handle the legal aspects of the case. Our Orange County conservatorship lawyer can guide you through the process. Martha Geisler Patterson advocates for the elderly and their families and will strive to make this as easy for everyone involved as possible. Begin the process by signing up for a strategy session so we can discuss your situation in depth.

Who Can File for Conservatorships in Orange County?

Your Orange County conservatorship lawyer can help you file if you are a:
  • Spouse
  • Domestic partner
  • Relative
  • State or local agency or entity
  • Interested party
  • In need of conservatorship

Process For Becoming A Conservator In California

Your Orange County conservatorship lawyer will begin the process by filling out the required paperwork. First, your attorney will draft the Petition for Conservatorship, which includes basic information about you and your loved one. This petition also explains why alternatives to conservatorship won’t work in this case. Also, the lawyer will fill out a Confidential Supplemental Information form that details why the conservatorship is needed.

A Confidential Conservatorship Screening form is also needed. Your attorney will use the form to document your relationship with the other party and provide background information. Finally, your attorney will go over the Duties of Conservator form with you. It outlines the expectations if you take on the role. Your lawyer will make sure you understand it fully before signing. Then, your lawyer will file the paperwork with the court.

Next, your attorney will serve a notice to your loved one and a copy to his or her relatives. After a court investigator reviews the information, he or she will visit the individual and write a report to submit to the court. Then, the court will make a decision on the conservatorship.

Conservatorship Hearing

Both the petitioner and alleged incapacitated individual can have legal representation at the hearing. The court can provide the conservatee with an attorney if he or she does not have one. If the conservatee is incapacitated to the point that he or she cannot enter into an attorney-client relationship, the court will take another step by appointing a Guardian Ad Litem. Then, the Guardian Ad Litem will help the court decide if a conservatorship is needed. Your Orange County conservatorship lawyer can present evidence to the Guardian Ad Litem and the judge to show why the arrangement is necessary.

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Why Choose Geisler Patterson Law?

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Bonds For Conservatorships

If you’re granted a conservatorship, you’ll need to obtain a bond. This bond is used to protect your loved one’s assets from improper handling, fraud, and other avoidable financial losses. The judge will set the amount based on your loved one’s net worth, and you will pay an annual premium. The cost is generally much lower than the total of the bond. In some cases, conservators only have to pay around $400 to secure a bond from a surety company.

Alternatives To Conservatorships

In some cases, alternatives to conservatorships are used to allow the person to maintain as many personal rights as possible. Alternatives include advanced healthcare directives, powers of attorney, and even informal arrangements. Speak to an Orange County conservatorship lawyer if you’d like to include documents in your estate plan to prevent you from needing a conservatorship in the future.

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