LA Probate Law Talks about Conservatorship to Manage Situations
A conservatorship is a court proceeding where a court appoints someone to serve as the “manager” of the incapacitated person. A manager may be appointed after a screening process that includes review by a court investigator and a court appointed attorney says LA Probate Law. Depending on the scope of the court’s order, the conservator may be able to determine such things as where the elderly person lives, how his money is spent and what medical treatment to authorize.
Appointed
To be a conservator, an individual must be willing to accept the fiduciary role of managing the incompetent person’s affairs under the supervision of the probate court. To be a conservator, you must be over the age of 18 and capable of obtaining a bond to insure performance of your duties. The court will examine any applicant to determine whether there are any past problems or conflicts of interest that would serve to disqualify an applicant. Typical problems that disqualify applicants are previous bankruptcy filings, felony criminal convictions and judgments arising from fraud or breach of fiduciary duty. In appointing a conservator, the probate court will first follow the written directions of the Conservatee explains LA Probate Law. In the absence of written directions, the probate court will give priority to family members. The probate court can also appoint neighbors, friends or even a private professional to serve in the role. The probate court is also empowered to appoint the county through an agency known as the public guardian.
Establishing Conservatorship
The conservatorship is started by an interested party filing a petition with the probate court seeking the appointment of a conservator. The screening process requires notice to the incapacitated person, who must be represented by court-appointed counsel. Frequently the incapacitated person is evaluated by a medical professional to determine whether the potential conservatee’s level of mental impairment, if any. If the incapacitated person objects, he has the right to a jury trial before being placed under a conservatorship. If a conservatorship is necessary and warranted, the court will issue an order appointing an individual conservator. The appointed conservator then obtains Letters of Conservatorship which gives the conservator the legal authority to manage the conservatee’s affairs. The appointment process usually takes more than a month and sometimes longer explains LA Probate Law.
Disagreement
Priority will generally be given to the conservatee’s written instructions or family members. Sometimes, however, there are circumstances where appointing a designated representative or family member is going to create additional problems. In those circumstances, the probate courts frequently appoint a neutral party to serve as the conservator expresses LA Probate Law. If no one close to Conservatee is considered neutral, the probate court may appoint a third-party such as the County (through an agency known as the Public Guardian) or a private professional conservator.
LA Probate Law Talks about Conservatorship to Manage Situations
- Red Flags That Might Indicate Your Parent’s Executor Needs to Be Replaced - September 26, 2023
- How Can an Incentive Trust Help Me Achieve My Estate Planning Goals? - September 4, 2023
- How Do I Prove Undue Influence in a California Will Contest? - September 2, 2023
