- Do I need to file a Conservatorship? Are there alternatives to a Conservatorship?
- How does a Conservatorship affect my loved one? What rights do they retain?
- What rules should be followed when handling an incapacitated parent/loved one’s finances?
- What if my parent(s) forget to pay bills but won’t let me help?
- How can I protect against the financial elder abuse of a loved one?
- What are the options for long-term care for a loved one who requires memory care?
- How do I manage the emotional and physical toll of caring for a person with Alzheimer’s?
- What are the costs of in-home care that must be considered?
- How do I prevent a sibling living at home from taking advantage of an incapacitated parent?
- How do we ensure all children have access to our incapacitated parents when they do not get along?
Is someone you care about showing signs of memory loss or confusion? Has a parent, friend, or someone you know been making poor choices that affect their financial or personal well-being?
When a loved one is diagnosed with memory loss or experiences a sudden medical issue that renders them incapacitated, they may have a number of concerns and questions that keep them up at night. Some of the common questions we are asked by our clients include:
These questions cause anxiety for the person who is facing incapacity and their loved ones. That is why turning to an experienced conservatorship lawyer in Orange County can reduce unnecessary worry and stress and ensure your loved one’s wishes are honored and their needs are met.
Conservatorships are court-supervised proceedings that help protect those who are unable to protect themselves due to incapacity and vulnerability. The paperwork and process to establish and maintain a conservatorship case can be confusing and frustrating. This tedious and form-intensive process is plagued with delays and expenses if you try to manage it on your own.
Our team of conservatorship attorneys at The Estate Lawyers are skilled in handling conservatorship appointments for financial management and personal care decisions and for incapacitated adults in California. We streamline the process, and we work to ensure that the process moves ahead as efficiently as possible, helping avoid delays and reducing legal costs.
Conservatorships For a Person and for Estates
Conservatorship of the Estate
Is a family member being taken advantage of by a loved one or neighbor? Do they need assistance with money management or paying bills? A conservator of the estate can manage the financial affairs of someone who needs help. A conservator of the estate can also file legal action to prevent financial elder abuse and undue influence by those seeking to take advantage of an elder/dependent adult.
Conservatorship of the Person
If a loved one becomes incapacitated, have you thought about who will manage their health care? Who will make important decisions about medications, hospital visits, where they live, and other life-care needs? A conservator of the person is designated to make medical decisions on behalf of someone who is unable to do this for themselves.
Avoiding Potential Conservatorships
Not every instance of incapacity requires conservatorship. We will identify those cases where this lengthy and expensive process may be avoided and what alternatives are available.
Disputed Conservatorship Appointments
The potential incapacity of a loved one can be more difficult when there are competing family members seeking appointment as conservator. And even more so, when there are also claims of financial abuse of an elder or breach of fiduciary duty as a power of attorney for the elder, or as the trustee of the elder’s trust. The Estate Lawyers are experienced in disputed conservatorship appointment litigation and resolving these challenging family conflicts.
Financial Abuse of Elders
Financial abuse of an elder is sadly a growing phenomenon. The National Council on Aging reports that one in 10 Americans over the age of 60 have experienced some form of elder abuse. Two-thirds of perpetrators are adult children or spouses, although abusers can often take the form of a neighbor, friend, or caregiver.
The abuser slowly takes control of the elder’s finances. In the worst scenarios, the abuser facilitates changes to the elder’s estate planning documents or adds themselves on the title to assets.
Documents signed by an elderly or dependent adult can be set aside if they were procured by fraud, deceit, or undue influence. The California Welfare and Institutions Code defines undue influence as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.” Proving undue influence is not straightforward. It requires expert testimony, analysis of medical records, and a tenacious pursuit of the evidence required to meet the challenging party’s burden of proof.
The Estate Lawyers zealously represent both elders and loved ones who want to protect the elder’s wealth and their legacy from undue influence, financial elder abuse, and/or fraud. Our experienced litigation team has successfully helped hundreds of clients protect their loved ones, and we can help give you an advantage in this difficult fight.
Call Us Now to Find Out How You Can Best Protect an Elder or Dependent Adult
For experienced and compassionate representation with our conservatorship lawyers in Orange County, email us or call The Estate Lawyers at 949-250-7800 to set up a free, 15-minute initial consultation at our Orange County office.