Helping You Protect Your Loved Ones
It can be devastating to witness the incapacitation of a loved one who is no longer able to adequately care for himself or herself. It can happen suddenly and unexpectedly, or slowly over a long period of time.
In either case, the mounting legal considerations can be daunting. Who will make decisions for your loved one? Who will determine his or her medical care and living situation? How will your loved one’s ongoing needs be met? And most importantly, how do you obtain the legal authorization for managing your loved one’s affairs?
A carefully tailored estate plan that includes a power of attorney and advance health care directive can readily provide answers to all these questions. However, if your loved one did not implement those tools while still competent to do so, then conservatorship proceedings will become necessary.
What Is A Conservatorship?
Simply put, a conservatorship is the legal authority to make decisions about your loved one’s health care, living situation and finances. There are several types of conservatorships, including a specialized type for adults with mental illnesses who are unable to care for themselves (called an LPS or mental health conservatorship). All types involve lengthy, expensive and invasive court proceedings. A social worker will be assigned to the case. You will have to provide medical updates and regular accountings. The court will take an active role in your loved one’s life, intensively supervising all aspects of his or her care.
How Can Conservatorship Proceedings Be Avoided?
The best way to deal with conservatorship proceedings is to avoid them. At the first signs that your loved one may become incapacitated – before a medical diagnosis has even been made – he or she should consult with a lawyer to implement an estate plan. Taking a proactive stance toward warding off legal complications can avoid the significant delays and expenses of conservatorship proceedings. If, however, it is too late to avoid conservatorship proceedings, it is critical to obtain qualified legal guidance as soon as possible. At The Law Office of Theresa L. McConville, our experienced Camarillo-based law firm provides high-quality representation through all aspects of conservatorship proceedings. We value personal, one-on-one client service. We will consistently go the extra mile to ensure you feel comfortable throughout the process.
Contact Our Oxnard Area Team For Assistance
To learn more about how we can assist you, call The Law Office of Theresa L. McConville in Camarillo, California, at 805-910-7905 or contact us online. If you decide not to proceed after consulting with us about estate planning services, you will not be charged for the initial consultation. If you do elect to proceed, we handle estate planning matters on a reasonable flat-fee basis.