Contested Conservatorship in Riverside

What is conservatorship?

Conservatorships are intended for people who can no longer manage their financial or personal matters, including those who suffer from Alzheimer’s disease, dementia and other types of mental illness. Conservatorships can offer many benefits, including protection against abuse. The conservator’s actions are monitored by the court after the conservatee’s assets are properly documented, which reduces the opportunity for abuse by the conservator, as well as other individuals. There are disadvantages to conservatorships, however, including high fees and the potential to lose of rights. If you are a conservatee or family member who would like to remove a conservator, a Riverside probate litigation lawyer at our firm can assist you in contesting the conservatorship.

Types of Conservatorships

The state of California allows for probate conservatorships, which are based on the California Probate Code and include general conservatorships and limited conservatorships, and Lanterman-Petris-Short (LPS) Conservatorships. General conservatorships are often used for elderly people who cannot care for themselves or manage their financial affairs. Limited conservatorships provide a lower level of care than general conservatorships for those who cannot fully care for themselves or completely manage their financial matters. LPS Conservatorships, which need to be started by a governmental agency, are for adults with serious mental illnesses who need special care that they will not accept otherwise.

Because conservatees have various needs, conservators may be required to serve as either a Conservator of the Person, a Conservator of the Estate or both. A Conservator of the Person makes decisions about the conservatee’s personal matters, including food, residence and clothing. A Conservator of the Estate is responsible for making decisions regarding financial affairs, including paying bills and making investments. In some cases, different people will serve as Conservator of the Person and Conservator of the Estate for the same conservatee.

Options for Contesting a Conservatorship

Conservatorships can be contested for numerous reasons. Conservatees may believe that they are able to care for themselves and their finances with no outside help. They also may fear that their freedom will be infringed upon by the conservator. It is important to note that a conservatorship can be appealed under Probate Code §1301 and that the conservatee has the right to an attorney for the purposes of objecting to a conservator. Although a trial is necessary in some cases, a contested conservatorship can be resolved through an agreement of family members or medication. With over 30 years of experience, our team at Sandoval Legacy Group, a Division of Holstrom, Block & Parke APLC can assist you in contesting a conservatorship.

Riverside Probate Litigation Attorney

If you would like to contest a conservatorship, it is important to obtain the legal services of a qualified lawyer who will fight for your best interests. We believe clients come first and we pride ourselves on providing them with individualized attention for their unique needs. For more information on how our firm can assist you, contact Sandoval Legacy Group, a Division of Holstrom, Block & Parke APLC today!