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Questions about Conservatorship Law

When talking about conservatorship many questions may come to mind. How to get conservatorship of an elderly or loved one? How to petition for primary conservatorship of children? Laws regarding conservatorship can lead to many questions like these. Below are five of the most commonly asked questions regarding conservatorship, answered by Lawyers on JustAnswer.

What is a conservatorship?

In the USA, conservatorship is where person or organization is assigned to the legal control or care of some other person or organization, known as a conservator. Conservatorship can be established through court order for individuals or through a regulatory authority for organizations.

In the case of individuals, it is usually assigned for a person deemed to be incapable of meeting basic needs of food, clothing, and shelter. Usually, there are two types of conservatorships — Lanterman Petris-Short and Probate conservatorships. Conservatorship is usually governed by the state's individual laws. Some states or jurisdictions may also refer to a conservator as a guardian, or trustee.

If someone is mentally and physically disabled can they obtain conservatorship over themselves?

If they are mentally and physically disabled they can go to the court and ask to have a private professional conservator. A professional conservator usually knows the job well; and is registered with the State, Department of Justice and the court. Professional conservators can either be conservators for the person, their estate or both. If there are no family members that are willing to take on this role, and they do not want a private conservator, then the court may appoint a Public Guardian. A public Guardian is usually the office of the county and can act as the conservator for the individual and the estate.

If someone wants to take over conservatorship of a loved one can they petition for it?

Usually, if a person is willing to take over the responsibility of being the conservatorship of their loved one, they can file a motion to have them appointed conservator and to remove a former conservator (if there was one in place). To know more about the process for applying for conservatorship in your jurisdiction and for any other clarifications about conservatorship, you can ask a Lawyer on JustAnswer.

In California what is the difference between full conservatorship and financial conservatorship?

In most cases, a financial conservatorship is court ordered for the estate and financials of a person. A court-appointed financial conservator is usually responsible for the person’s property and finances, such as protecting the income and property, listing everything in the estate, making sure the bills are paid, making sure the conserevatee is getting the benefits they are eligible for, making sure the taxes are being filed and paid on time, and keeping exact financial records. On the other hand when full conservatorship is order by the court, it includes the conservatee’s health decisions and every day care, such as where they live, food, clothes, personal care, housekeeping, and transportation of the conservatee.

What is the process in Texas obtaining primary conservatorship over children aged between 7 and 12 years?

The law in Texas states that a child who is 12 can petition for who they would like to live with. However, usually the court takes into consideration many things and decides based on what it deems is in the best interest of the child. The parent who wants to obtain primary conservatorships needs to show why the present situation is not in the child’s best interest. Children do not have the final say on where they live, they can only state their preference, the court and the parents usually make the final decision. Here are some of the factors that the judge in Texas will consider in changing the residence of the child and awarding conservatorship.
• Is the change in the best interest for the child
• The child 12 and over and they have filed with the court a written preference for a different living situation.
• The present conservatorship has given up care and possession of the child to someone else for at least six months.

Lawyers on JustAnswer answer many questions regarding conservatorship. It’s always better to get an Expert opinion and credible answers to your questions to be sure of your legal situation, than to take matters into your own hands.

Ask a Lawyer

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Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Conservatorship Questions

  • Well, you told me how to complete the petition for probate

    Well, you told me how to complete the petition for probate but did not tell me that I also needed to complete along with it the probate case cover sheet and certificate of grounds for assignment to district. This is required for probate cases filed in Los Angeles Superior courts. I have the form but do not know the correct choices to make in completing and filing the form. I need assistance in completing the form. As stated in my previous question, my sister did not leave a will but left me beneficiary of everything except the 401K she did not designate a beneficiary.

    Here is the link to the form that I need to complete:

    http://www.lasuperiorcourt.org/forms/pdf/pro010.pdf

  • Hello, Im not sure if Im asking the right expert, but her

    Hello, I'm not sure if I'm asking the right expert, but here goes. My father-in-law is 89 years old and lives by himself. He has been having health issues for years, including TIA's, congestive heart failure, and irregular heartbeat. His children live in different states. A step-daughter lives close and recently called my sister-in-law saying it was time we get him some kind of assistance. He is extraordinarily stubborn, still drives, refuses to talk about moving in with anyone, and refuses to take any meds once he feels better. We think he has been diagnosed with dementia, and it is possible his drivers license has been revoked, if the psychologist he most recently was forced to see (when he went in for breathing problems) has reported a problem.
    We really would prefer not to intervene, but it seems it is time to get our heads out of the sand. So my question is this: What options to we have? It is likely that if we hire in-home help he will fire them once we go back home. Assisted living? If he refuses can we force him?
  • My mother has Alzheimers and mental disease. Getting a diagnosis

    My mother has Alzheimers and mental disease. Getting a diagnosis and getting her cooperation has been very difficult. Her health care providers have refused to provide me with documentation so I can seek conservatorship. This has been mostly do to her refusal to accept treatments and answer questions. If she does, she lies or makes excuses. She needs to institutionalized or in a care facility. She is 87, has mobility issues, is delusional and violent. I fear for my safety and hers. Because we live an area with a high senior population, the authorities are only willing to take her in on a 5150 if there is physical evidence.
    My mother's mental issues, that have been present throughout my life, were never addressed. If a physician thought there was an issue, she would make excuses to leave the appointment and never go back to see that doctor again. She immigrated to the US in 1963, and has uses this to downplay or excuse behavior: English is her second language, she's not used to these things because that wasn't how she grew up/ part of her experience, in her culture privacy is greatly valued. I am at a loss. I want what's best for her, but this is slowly killing me. My health has deteriorated dramatically over the last two years. I can't find work in the remote area she lives. The last job I had, that I had had for 5 years, I was terminated due to excessive absenteeism and disrupting caused by her calling my office multiple times per day.
    Do I have legal recourse that will not require years of legal maneuvering through the California courts costing me thousands I do not have?
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