If a person is no longer capable of providing safe and effective self-care, another person, through legal means, must step up to help. However, the process can be complex and daunting, especially if the infirm person has not put in place any plan – on what should be done – before the onset of his disability.
If you want to ensure an incapacitated person gets the proper care if, in an unfortunate circumstance, he is no longer capable of taking care of himself, you must act as soon as possible. You can do it by applying for a conservatorship.
A conservatorship attorney in San Diego can represent you in court proceedings where a judge appoints a person that serves as a conservator. Anybody, the proposed conservatee included, can file a petition for conservatorship. However, an attorney can help you figure out the best way to navigate the process for the petition.
Here are some crucial facts you should be aware of regarding conservatorship application:
What is the order of priority?
In California, the court appoints a conservator based on the following order of priority: spouse, adult child, parent, sibling, any person interested, or public guardian. If all on the list decline, they can nominate somebody else. If all are not up for this responsibility, the court will likely appoint a private, professional fiduciary, or public guardian.
How long does the process of appointing a conservator take?
Your conservatorship attorney in San Diego should explain that in California, the appointment process of a conservator can take eight weeks from the filing date. However, it may take longer than that, should there be opposition. Take note also that, in rare cases, the judge may appoint a temporary conservator within a couple of days should the case merit a sense of urgency.
What are the types of conservatorship?
As you work with your conservatorship attorney, you will learn that a conservatorship has two parts:
- A conservatorship over the “person.”
- A conservatorship over the “estate.”
The former includes the authority of the conservator to make decisions regarding the conservatee’s day-to-day activities, including where to live, what to do, and how he does it. The latter includes the authority to make decisions about his assets, such as managing rental property, collecting income, and paying bills.
Online looking for a highly qualified conservatorship attorney in San Diego? The Law Offices of Ronald R. Webb can provide you with the help you need.
