A probate conservatorship proceeding, put simply, is a legal mechanism by which a California court determines whether a person – the proposed conservatee – is able to either independently provide for their own health and well-being, able to independently manage their financial affairs, and able to resist the undue influence and/or physical or financial abuse of others.  Courts must also determine whether a conservatorship is the least restrictive means of meeting those health-related and finance-related needs.  If the proposed conservatee is found both to be unable to manage their affairs independently and that a conservatorship would be the least restrictive means to address that inability, the court will put a conservatorship in place which will transfer certain rights and decision-making authority from the conservatee to a screened and bonded conservator who is subject to several fiduciary duties.

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Often, probate conservatorships are appropriate for older persons who are suffering from moderate to severe dementia and/or Alzheimer’s Disease.  They can also be appropriate when a person is vulnerable and being taken advantage of by someone they consider a friend, caregiver, or a ne’er-do-well relative who is taking advantage of their frailty, unearned trust, or physical and mental ailments.

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Conservatorships typically become necessary when the proposed conservatee refuses to seek treatment, listen to reason, or is being isolated by the person suspected of undue influence. These scenarios are fairly common, unfortunately, and often those who truly wish to protect the proposed conservatee feel helpless, like there is nothing they can do as they lack the legal authority to intervene or go against the expressed wishes of the conservatee, however harmful or misguided those expressed wishes are.  Lionheart Legal specializes in establishing conservatorships when appropriate and guiding the proposed conservatee’s loved ones through that often complicated and draining process, in order to protect the conservatee and give their loved ones peace of mind.