Newport Beach Conservatorship Attorney
When adults are unable to make critical decisions that affect their welfare, a conservatorship may be established to ensure that their rights and interests are protected. A conservator must be appointed by a Court after filing the Petition for Conservatorship and other necessary documentation.
A conservator is most commonly appointed when an elderly adult becomes incapacitated but has not signed the proper documents, such as a Durable Power of Attorney, to allow a chosen agent to make financial decisions for him or her. A conservator may also be appointed to make critical decisions on behalf of an adult with a developmental disability who is unable to make critical decisions affecting his or her welfare.
There are two types of conservatorships. A conservator of the estate makes personal and financial decisions for a conservatee, whereas a conservator of the person is empowered by the court to make decisions regarding health care, housing, nursing home care and other critical life decisions.
By contrast, a guardianship is established for the welfare of a minor child when a parent has died or for any other reason is incapable or unfit to properly care for the child. As with conservatorships, there are also two types of guardianships — the guardian of the estate (involving financial decisions) and the guardian of the person (involving health and general life decisions). Like conservators, guardians are also appointed by a probate court after filing a Petition for Guardianship.
Avoiding Conservatorships
Like probates, conservatorships are time consuming, costly and inefficient. As part of our estate planning practice at Velasco Law Group, we draft powers of attorney, advance health care directives and other important documents that help our clients avoid the necessity of a conservatorship later in life. With the proper documents, you can designate an individual to make important financial, health care and other critical life decisions on your behalf in the event that you become incapacitated.
If You Need Help Establishing a Guardianship or Conservatorship
When family members become incapacitated and do not have a properly executed power of attorney or advance health care directive, the appointment of a conservator may be necessary. When a minor child is left without the care and protection of parents, the appointment of a guardian may be necessary. Our lawyers have helped many family members establish a necessary guardianship or conservatorship.
Contact the Velasco Law Group
To speak with one of our Long Beach guardianship attorneys, call 562-912-2175 or contact us by e-mail. To provide convenient, local representation to our clients, we now have law offices in Long Beach and Newport Beach, California.
