Conservatorship Attorney in Tustin
Are you looking for the top Conservatorship attorney in Tustin and the surrounding areas of Orange County? Our firm has represented hundreds of clients. Our attorneys in Tustin, CA are ready to assist you with your Conservatorship needs.
Food for Thought
What happens if you become mentally or physically incapacitated? Who will manage your financial affairs, including paying your bills, running your business, sign your tax return and pay your income taxes? Who will confer with your doctors on your medical care and treatment? Who will make medical decisions on your behalf when you are unable to express your wishes? These are all questions which are covered in a comprehensive, well-prepared estate plan, but what happens if incapacity strikes you before you’ve executed your estate planning documents?
Unfortunately, these are questions we often have to confront. When tragedy strikes and a person becomes incapacitated as a result of an accident, stroke, or criminal act by another person, the incapacitated person lacks the capacity to create a legal document or ability to create a valid estate plan. Therefore, the only alternative to ensure the well-being of the incapacitated person and to protect and manage the person’s finances may be to seek a conservatorship over the person and/or the person’s estate.
Our firms attorneys in Tustin can assist you in answering many of these questions. Please do not hesitate to reach out https://www.rehmanilawfirm.com/consultation/
Conservatorships Defined
A conservatorship is established when a judge determines that a person (called the “conservatee”) can no longer oversee their finances or are deemed unable to take care of themselves. The judge will then appoint another person or an organization (called the “conservator”) to handle the conservatee’s care and or finances. There are two types: 1) of the person; and 2) of the estate.
Conservator of the Person:A conservator of the person arranges for the conservatee’s care an protection, decides where the conservatee will live, and makes decisions regarding aspects of the conservatee’s life like their healthcare, food, clothing, and recreation.
Conservatee of the Estate: A conservatee of the estate oversees and handles the conservatee’s finances. The conservator o the estate takes an inventory of the conservatee’s asset and ensures that the conservatee’s bills are paid, taxes are filed and overall ensures that the conservatee’s financial needs are met and financial records are organized. It is permissible and common that the conservator of the estate is also the same individual/organization as the conservator of the person.
Conservatorships can be limited or permanent. A temporary conservatorship may be appropriate for a limited period, usually 30 – 90 days, to handle a temporary or emergency situation. For example, an individual may develop a mental or physical condition which renders him unable to take care of himself at home. A temporary conservator may be appointed to make arrangements for caregivers, in home health care, or movement to a care facility. If the conservatee recovers sufficiently, the temporary conserv. can be terminated or, if needed, a permanent conservator may be appointed.
If you have any questions with regard to what a conservatorship is please do not hesitate to reach out and one of our attorneys in Tustin will be in touch: https://www.rehmanilawfirm.com/consultation/
Conservatee’s Rights
It is a common misconception that the conservatee loses all rights upon the court appointment of a conservatorship. The conservatee does however retain the following rights:
- To make or change their will or estate plan (unless the judge grants this right to a conservator)
- To be represented by a lawyer
- To receive notice of all hearings
- To get married
- To receive mail
- To control their own spending money (determined by judge)
- To ask the judge to change conservator
- To ask the judge to end the conservator
- To vote (unless the judge determines they are not able to do so)
- To make their own healthcare decisions (unless the judge determines they are not able to do so)
Establishing a Conservatorship
The first step in establishing a conservatorship is to find a local attorney that can assist you with the process. Our Office is centrally located within Orange County in Tustin.
The attorney will then begin by filing a Petition with the county. A Petition can be filed by a friend, relative, professional conservator, nonprofit agency, or public official. The proposed Conservator must be bondable or trustworthy. Throughout the entire process, the conservator needs to have an attorney represent them. The person or entity filing the petition must also state alternative methods for achieving the equivalent of a conservatorship and why these other methods are less appropriate or unsuitable. Alternate remedies include some sort of assistance accepted voluntarily by the individual, or other legal remedies such as limited, special, or general power of attorney, creation of a trust, or filing out an advance healthcare directive.
The second step, once the petition is filed with the court, is that the court will appoint a court investigator to interview the proposed conservatee and report the investigator’s findings to the court. The court will then set a hearing on the petition where the judge will determine whether to grant the petition for conservatorship. If a conservatorship is warranted the judge will establish the duties granted to the conservator.
If one is to become a conservator of the estate, they must file an Inventory and Appraisal within 90 days of becoming conservator and an annual accounting 1 year after becoming conservator.
How to Terminate
A conservatorship terminates on the death of the conservatee, when a judge terminates it because it is no longer needed, or if a judge appoints a different conservator. If it is being terminated because of death, the conservator will pay any expenses of the conservatee’s illness and is responsible for the preservation of the conservatee’s estate until it is delivered to the personal representative of the estate or otherwise lawfully disturbed. You will need the expertise of an experienced attorney. Rehmani & Associates has many years of experience in this practice area. Our firm and its attorneys have handled numerous conservator matters from Limited for disabled adults, to conservatorships for the elderly, to fiduciary accountings, as well as contested and litigated matters that head to litigation. We are here to help you with your conservatorship needs at our office in Tustin, CA.
Conservatorship Attorney Near Me
Rehmani & Associates represents clients throughout Tustin, CA and the surrounding counties. Our attorneys are experts in the field and we are confident we are able to assist you with your needs.