Burbank Elder Law Lawyer
“Failing to plan is planning to FAIL.” - Ben Franklin
What is a Conservatorship?
"LA LAW Elder Law Lawyer's main goal is to help families avoid Conservatorships BEFORE they are needed to protect a failing loved one. Understanding a Conservatorship will help you make legal decisions about a loved one that is beginning to lose capacity."
LA LAW Attorneys do not wish to see anyone have to be involved the establishment of a court monitored Conservatorship, but have the experience to help you with this process to protect a loved one.
There are many legal steps that can still protect the person that is close to be incapacitated. It is much better all concerned to avoid this process as it saves the estate’s assets and does not take up time in the court system and having a judge be involved in the review of the way the estate is handled. Conservatorships are designed to protect any person but mainly are used for the elderly when they show they can no longer properly manage their finances and/or handle their own healthcare decisions. The conservator can only be appointed by a court, which can be an expensive process.
A conservator will be appointed by the Probate Court upon application of an interested party to assume responsibility for the property or the personal welfare of a person over 18 years of age. The Conservatorship process is expensive and invasive, and basically takes away the person's civil rights, generally on the grounds of mental incapacity. As a last resort, however, it can be an effective tool for the protection of a vulnerable person's assets or physical well-being. For more information about Conservatorships, contact Joseph McHugh, an LA LAW Southern California estate planning attorney that specializes in Conservatorships.
When a loved one suffers from Alzheimer's disease or other mental impairments due to illness, accident, or advancing age, a Conservatorship proceeding might be necessary to ensure that the person is properly cared for or that he or she does not squander the estate’s assets. Most often the person will try to resist a Conservatorship. Contested Conservatorships are considered the emotionally stressful actions in probate court. This is not a one time event. Once the Conservatorship is appointed, there are annual court reviews of the Conservatorship and the are mandatory evaluation of the detailed accounting records.
Conservatorship proceedings should only be undertaken when there is no alternative to the protection of the incapacitated person.
Fortunately, it is easy to avoid the need for Conservatorship proceedings through simple estate planning!
See How to avoid Conservatorships
We are proud to be a part of the complete solution to your family’s crisis, not just the lawyers that create the legal documents. We understand the issues surrounding the care of aging loved ones and what it takes legally to meet your needs and goals, while giving your family the peace of mind that your loved ones are getting the best care possible in a complex and confusing situation.
Please contact our office for a free initial consultation with Joseph McHugh, a California Elder Law Attorney. Or you may wish to call our office or check our web site for the date of our next free public class or workshop to learn more about elder law and the legal ways you can stay in control of your assets and your life!
After a thorough review of the best strategies and most cost effective process for your Conservatorship and our legal fees for the scope of work, we will structure a comprehensive plan to help you through this complex legal process created specifically to for your situation.
Our Law Office is located in Southern California; however, we serve many clients throughout the state and love an occasional road trip to help all of our clients, their family and friends.
We are very proud of the many personal and professional referrals we receive from happy clients and colleagues. Please contact our office today to schedule a free 30 minute consultation.
Take advantage of a free phone consultation or appointment for a free 30 minute consultation to review your individual situation and determine if you would benefit from our experience and legal services.
Call us at: (818) 241-4238