Conservatorship Lawyer Folsom, CA
The Rights and Responsibilities of Conservatorship
Guardianship or Conservatorship is often appointed by a court and is given to an adult who is not the parent of a child, as a conservatorship lawyer Folsom, CA trusts can attest. In some cases a guardian or conservator might also care for a disabled adult. The rights and responsibilities of a conservator may vary by state, but generally include the following. If you would like to learn more about conservator, please call Yee Law Group, today.
Table Of Contents:
Rights of a Guardian or Conservator
The Place to Live – As a legal conservator of a child, you have the right to choose where he or she will live. If you wish to move out of the state, you will need to notify the court and be granted permission to do so.
Schooling – You will have the right to decide where the child will get an education; for example private or public school. As a conservator you should be actively involved in their schooling and ensure the child is getting adequate grades.
Healthcare – The legal conservator of a child is able to make decisions about medical and dental needs. This also includes counseling or mental health. If you are seeking to place the child in a mental health facility, you will likely need to get an order from the court. A conservatorship lawyer in Folsom, CA can explain this to you during a consultation.
Driver’s License – As a guardian you have the choice as to whether or not the child can apply for a driver’s license.
Military – If the child is under the age of 18 and wishes to join the military upon their 18th birthday, you will legally be required to give him or her permission to do so. Once the child enlists in the military, the guardianship may end.
Responsibilities of a Guardian or Conservator
Damages – If the child causes damages to another property, you are responsible. Likewise the guardian is responsible to any intentional acts caused by the child.
Residence – As a guardian of a child, you may not allow him or her to stay or live with their parents or anyone else unless the judge grants permission to do so. This may not apply to short periods of time, like a weekend visit, but this should be clarified by a Folsom, CA guardianship lawyer or judge.
Visiting Parents – The legal guardian of a child has the right to decide how often and when the parents can visit. If visitation is thought to endanger the child, physically or mentally, the guardian may be able to deny it all together.
These rights and responsibilities do not apply to a guardian of an estate, accounting of estate funds, or a guardian of an adult disabled person.
Questions and Answers on Conservatorship
When someone’s health is failing, they are not always able to make important life decisions regarding healthcare, beneficiaries, wills, and other monetary decisions. When this happens, a person might already have a conservator named and, if they do not, a court will appoint one. If you have recently been named as someone’s conservator or if you are looking for more information on the ins and outs of being a conservator, contact a Folsom, California conservatorship lawyer Yee Law Group. In the meantime, below are some answers for typical job duties, how to appoint a conservator, frequently asked questions, and expectations.
What Is a Conservator? Is It the Same As a Guardian?
A guardian is usually appointed for the non-monetary aspects of a person’s life when they are no longer able to make decisions. This can include things like healthcare decisions. A conservator, on the other hand, is tasked with looking after someone’s finances when they are too injured or ill to make decisions. This can include things relating to the injured person’s health care, their money, their estate, and even benefits.
How Do You Know If a You Need a Conservator?
There are certain scenarios that make decision-making nearly impossible. You want to trust that decisions revolving around your money and estate are in good hands. A conservatorship lawyer in Folsom, CA can help determine if a conservatorship petition should be filed. Generally, a person who is dealing with any of the issues below might need a conservator:
- Someone suffering from a brain injury.
- Someone who suffers from dementia or Alzheimer’s disease.
- Someone in a coma.
- Someone who has had a stroke and is suffering from damage mentally.
Although some people can make life decisions with some of these illnesses or injuries, if a court finds the person incapacitated — that is, the person is unable to make some or all their own life decisions — a court will likely appoint them a conservator. A court will look at many factors when weighing these decisions, but if they find the person is unable to clearly make choices or does not fully understand their finances or health care, or they are unable to effectively communicate what they want to happen regarding these issues, a court will determine that they need a conservator.
When the person has financial needs but they are unable to take care of them — even if in most other ways the person can live independently — they may still need a conservator.
Can a Conservator And a Guardian Be the Same Person?
Yes, in some instances the same person can hold both jobs. A person who has undergone specific training as a guardian and not a conservator, however, can only handle up to a certain amount of money a year. Once this is exceeded, a court would appoint a conservator. A conservatorship lawyer can evaluate your situation to determine what type of appointment would be appropriate.
What If the Incapacitated Person Appointed a Power of Attorney Before Becoming Incapacitated?
If, before the person’s incapacitation, they appointed someone to make financial and health care decisions, then this same person could also be their conservator.
How Can I Find More Information?
If you need more information on being a conservator, or if you would like to set up an appointment with a conservatorship lawyer Folsom, CA clients turn to who can help you regarding appointing a conservator, contact the Yee Law Group today.
A conservatorship lawyer in Folsom, CA may be necessary should a person become incapacitated and require another individual to make key decisions for them. Conservatorship is when a person is appointed by the court to take over the finances and/or medical care decisions when another becomes incapacitated. The job of conservator can be upheld by family members or other agencies who are equipped to handle such a role. A Folsom, CA conservatorship lawyer at Yee Law Group understands that it can be emotionally trying to accept that your loved one requires additional help. We also understand that you may be worried about the intentions of the person who may be the appointed conservator. Contact a conservatorship lawyer from Folsom, CA to help you advocate for or against someone who is a candidate for your loved one’s conservatorship.
Situations When Conservatorship is Necessary
A Folsom, CA conservatorship lawyer wants you to know that when helping a friend or family member who has mental incapacities either due to injury, illness or disability, there are a couple ways to support them. The first, is to have him or her sign an Advanced Health Care Directive or Durable Power of Attorney. When a person signs these documents, he or she is appointing a person to make financial and medical decisions for them in the event they are unable to.
But when this has not been done and is not possible, then the second option is for the court system to appoint a conservator. If you are unsure whether your loved one requires a conservator, a conservatorship lawyer Folsom, CA residents recommend at Yee Law Group can offer insight and advice.
The Process of Conservatorship
If you wish to be the conservator for a loved one with mental capacity challenges in the state of California, you must petition to the court that you desire to be the person to take on this role. A Folsom, CA conservatorship lawyer can describe to you the job duties that are often associated with conservatorship, to help you decide whether this is the right decision for you too. Here we have described the two different types of conservatorships:
- Conservatorship of the Person: If the court decides the loved one is unable to make decisions in regards to his or her health, then a conservator may be chosen. In general, if the court appoints you as the conservator of the person, then you will be responsible for making medical decisions instead. Working with a conservatorship lawyer Folsom, CA residents trust may be essential to pursuing this process.
- Conservatorship of the Estate: If the court decides the loved one is unable to manage his or her finances or is vulnerable to undue influence, then a conservator may be chosen. A Folsom, CA conservatorship lawyer can explain that, in general, if you are appointed for such a role, then you are responsible for financial decisions in regards to assets, estate, real estate property, and more. However, the laws pertaining to conservatorship over assets can be complicated, so obtaining a conservatorship lawyer in Folsom, CA may be beneficial.
A situation may arise where the loved one is being taken advantage of by a caregiver, in which a family member petitions to the court to obtain temporary conservatorship in order to block access to finances. This is when a temporary conservator may be appointed, in order to protect the loved one from further mistreatment.
Please call our office to schedule your appointment with a Folsom, CA conservatorship lawyer at Yee Law Group. We have likely represented clients just like you, who want to see that their loved one is taken care of to the fullest extent possible. Contact Yee Law Group, Folsom, CA’s trusted conservatorship lawyers.
Yee Law Group: A Conservatorship Lawyer in Folsom, CA You Can Trust
Understanding the rights and responsibilities of a guardian can be difficult, especially if you have never been given the role until now. The guardianship lawyers at Yee Law Group have been practicing family law for many years. Guided by experience, determination, and dedication we confidently navigate cases of every type. If you would like to consult with a trusted conservatorship lawyer Folsom, CA today.
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