Contested Conservatorship in Riverside
What is conservatorship?
Conservatorships are intended for people who can no longer manage their
financial or personal matters, including those who suffer from Alzheimer's
disease, dementia and other types of mental illness. Conservatorships
can offer many benefits, including protection against abuse. The conservator's
actions are monitored by the court after the conservatee's assets
are properly documented, which reduces the opportunity for abuse by the
conservator, as well as other individuals. There are disadvantages to
conservatorships, however, including high fees and the potential to lose
of rights. If you are a conservatee or family member who would like to
remove a conservator, a Riverside probate litigation lawyer at our firm
can assist you in contesting the conservatorship.
Types of Conservatorships
The state of California allows for
probate conservatorships, which are based on the California Probate Code and include general conservatorships
and limited conservatorships, and Lanterman-Petris-Short (LPS) Conservatorships.
General conservatorships are often used for elderly people who cannot care for themselves or manage
their financial affairs.
Limited conservatorships provide a lower level of care than general conservatorships for those
who cannot fully care for themselves or completely manage their financial matters.
LPS Conservatorships, which need to be started by a governmental agency, are for adults with
serious mental illnesses who need special care that they will not accept
otherwise.
Because conservatees have various needs, conservators may be required to
serve as either a Conservator of the Person, a Conservator of the Estate
or both. A
Conservator of the Person makes decisions about the conservatee's personal matters, including
food, residence and clothing. A
Conservator of the Estate is responsible for making decisions regarding financial affairs, including
paying bills and making investments. In some cases, different people will
serve as Conservator of the Person and Conservator of the Estate for the
same conservatee.
Options for Contesting a Conservatorship
Conservatorships can be contested for numerous reasons. Conservatees may
believe that they are able to care for themselves and their finances with
no outside help. They also may fear that their freedom will be infringed
upon by the conservator. It is important to note that a conservatorship
can be appealed under Probate Code §1301 and that the conservatee
has the right to an attorney for the purposes of objecting to a conservator.
Although a trial is necessary in some cases, a contested conservatorship
can be resolved through an agreement of family members or medication.
With over 30 years of experience, our team at Sandoval Legacy Group, a
Division of Holstrom, Block & Parke APLC can assist you in contesting
a conservatorship.
Riverside Probate Litigation Attorney
If you would like to contest a conservatorship, it is important to obtain
the legal services of a qualified lawyer who will fight for your best
interests. We believe clients come first and we pride ourselves on providing
them with individualized attention for their unique needs. For more information
on how our firm can assist you, contact Sandoval Legacy Group, a Division
of Holstrom, Block & Parke APLC today!