If you have a family member, friend, or colleague who is unable to handle their own affairs, a Lancaster CA conservatorship lawyer can help you. It can be difficult to know when and how to take over someone’s financial decisions and personal affairs. However, when someone is no longer able to make important decisions, it’s time to seek other options. Call Herbert Law Office today. We will evaluate your situation and help you make the best decision with your circumstances.
What Is a Conservatorship?
A conservatorship is a legal status used by a person who takes control of affairs when someone over the age of 18 can no longer handle their own personal decisions. This may include decisions about medical issues, finances, and other personal affairs. A person may need a conservatorship any time they are unable to handle their own decisions or when they are unable to resist undue influence of fraud. This often happens to people who are in poor mental or physical health due to injury, age, or disease.
A person who is in a conservatorship position will take control of the health, finances, living conditions, and other decisions for the person who is unable to. More than one person may have control over different aspects of a person’s life. However, a conservatorship can be set up so that only one person controls all personal decisions.
A Lancaster CA conservatorship lawyer can answer your questions about conservatorships and when they may be appropriate. It can be difficult to know whether a conservatorship is appropriate in your situation. Contact Herbert Law Office to find out more about your specific situation.
When Is a Conservatorship Necessary?
A conservatorship is appropriate for someone who is over the age of 18 and can no longer make decisions about personal matters in their life. Situations in which a conservatorship may be appropriate include the following:
- Someone has been admitted to a hospital or medical facility, and they are incompetent to make medical and other personal decisions for themselves;
- Someone is being careless with their money and are incompetent to handle financial matters on their own;
- A mentally or physically disabled child turns 18 and needs a guardian to continue to make personal decisions for them.
A conservatorship lawyer can help you determine if a conservatorship is necessary in your situation. There may be many indicators that your loved one can no longer make sensible decisions on their own. Instead of allowing their personal affairs to come unraveled, you can petition for a conservatorship.
Avoiding a Conservatorship
For an array of reasons, a person may want to avoid a conservatorship. This can be done through careful estate planning and the help of a conservatorship lawyer. You may use Powers of Attorney for your healthcare and finances to name a person responsible for your decisions. A Healthcare Power of Attorney and a Financial Power of Attorney can name the same person or different people to handle your personal affairs. If you want to avoid a conservatorship, power of attorney may be your next best option. A conservatorship lawyer can also help you with powers of attorney.
What If You Haven’t Planned for Your Estate?
If you don’t plan for a situation where you may be unable to make decisions for yourself, then your family, friends, and others may have to step in and help you. Although your conservatorship lawyer can help you establish a plan in advance, if you do not take this step, then a court and judge may appoint a conservator for you.
In California, the court will appoint a conservator in the following order:
- Your spouse;
- An adult child;
- Your parent;
- A sibling;
- Another interested person; and
- A public guardian.
First, the court will appoint your spouse to be your conservator and make decisions for you while you are unable. However, if your spouse is not alive or unable to make those important decisions, then the responsibility will go to your adult children. The court will select one child to make decisions for you. This can become combative if your children do not all agree with the decisions that are made for you.
If an adult child is not available, then a parent or sibling can be chosen. If there is another person interested in being your conservator, such as a close friend, the court may also consider them. However, if none of these are options, then a public guardian may be chosen.
You can prevent this confusion by naming your own conservator in the event that you are unable to make decisions about your personal affairs. A conservatorship lawyer can assist you with proper estate planning.
Contact a Lancaster CA Conservatorship Lawyer from Herbert Law Office Today
Conservatorships often come about at difficult times in a person’s life. You may be seeking one for a friend or family member, or you may want to plan for your own future. It can be difficult to think about a time when you’re unable to handle your own affairs. Speak with a conservatorship lawyer to make sure you don’t miss anything important. Call Herbert Law Office today.