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If a person becomes incapacitated (or is deemed to be developmentally disabled upon reaching majority), and is unable to manage their own financial affairs and/or personal affairs, many people are under the mistaken impression that their spouse, parents or adult children can automatically take over for them at that time.  However, unless a less restrictive alternative such as a Durable Power of Attorney has been executed by the incapacitated person while s/he had capacity, no one is legally authorized to step into that role automatically.  In order for others to be able to manage your finances and/or personal affairs, they must first petition a court to declare that person legally incompetent.

In California, a "conservator" is a appointed by a court to take care of legal, financial, or other matters for another person,.

When a person no longer possesses the requisite mental ability to manage his or her own affairs due to his or her medical or physical conditions, California conservatorship law ensures that person - who is referred to as a "ward” or “conservatee” - will be treated with dignity and respect, their health care decisions be made and their property managed and accounted for by a decision-maker – called a “conservator” who is appointed by the Court.  We can assist you with the following services:

  • establishing a conservatorship
  • Fighting the establishment of an adult guardianship
  • Contesting a decision made by an conservator  regarding the conservatee
  • preparation of annual reports and biennial accounting
  • preparation of an annual accounting of the assets of the conservatorship estate to the court;
  • Assistance with the discharge of the conservatee at the end of the case upon the death of the conservatee, or in the event the conservatee regains capacity.

If the physical, mental, or financial well-being of a loved one is threatened by abuse or neglect, or by his or her own actions or inactions, you may want to consider having the court intervene to appoint a conservator to restore and protect his or her physical and financial security.

California's conservatorship laws are complex, and the process can be overwhelming without advice from an experienced law firm like ours, where we pride ourselves on giving straightforward advice and effectively pursuing our clients' goals. The Law Offices of Patrick McNally can represent you in all conservatorship proceedings, including contested conservatorships, in Orange, Los Angeles, Riverside and San Diego County.  If you are facing any conservatorship litigation, if you're in a situation in which someone you love needs a conservator, or if you feel that a conservator is not acting in the conservatee’s best interest, please don't hesitate to contact us.

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