Conservatorship

Granite Bay’s Experienced Conservatorship Lawyer

Our Popular Practice Areas:

Incapacity
Incapacity Planning
Conservatorship
Estate Planning

Conservatorship

A conservatorship is a legal arrangement that enables a responsible adult to manage the personal care or financial matters of another adult person. The person who is not capable of caring for himself is known as the “conservatee.” The responsible adult managing and caring for the conservatee is known as the “conservator.” A conservator can be a family member, friend, or business entity. A conservatorship must be established through a court proceeding in California. 

A California Lawyer for Conservatorship You Can Rely On

In the case of death or incapacity, you need a structure in place to ensure your wishes are followed and your family is protected. For more information about estate planning, you can explore our FAQ page or contact us online today. We are also available by phone at (916) 773-6100.

Call (916) 773-6100

Types of Conservatorship

There are probate conservatorships, which are the most common type of conservatorships and Lanterman-Petris-Short (LPS) Conservatorships. 

Under probate conservatorships, there are two types: 

  1. Limited Probate ConservatorshipA limited probate conservatorship applies when an adult is developmentally disabled. In a limited probate conservatorship, the conservator’s authority is limited to ensure that the disabled person may live as independently as possible.
  2. General Probate Conservatorship – A higher level of care is provided to the conservatee. This type of conservatorship is best for adults who are not able to care for their personal needs due to conditions rendering them incapable of caring for themselves or making them subject to undue influence. These conservatees often include elderly people, but it can also include younger people who have been seriously impaired in a car accident, or other debilitating event.

Setting up a Probate Conservatorship

Setting up a conservatorship in California can be a tedious process. The first step is to file a Petition of Conservatorship. These documents request information regarding the proposed conservator, conservatee, the conservatee’s immediate relatives, and requests specific reasons why a conservatorship is necessary. The conservatee’s relatives must be provided with notice of the filed petition. An investigator will be appointed by the court in order to gather information about the conservatee and his or her condition. 

The court will then conduct a hearing to grant or deny the conservatorship. The proposed conservatee must attend the hearing, unless they do not have the capacity to attend. The judge will inquire as to whether all family members were properly notified. The judge may also appoint an attorney to represent the proposed conservatee.

Estate Planning, Wills & Trusts Practice Areas

Our methods for handling conservatorship are unique. We offer legal assistance for a range of estate planning, probates, wills and trust needs.

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.