Friday 21 October 2016

Understanding What Conservatorship Los Angeles Means For Older Individuals

By Jessica Sanders


As people grow older, in California as elsewhere, they often fear the loss of their physical health, mental incapacity and financial difficulties. Most want to stay healthy and comfortable as long as possible, to remain independent and able to take care of themselves. There are times however when it becomes necessary for someone to take over responsibility of the senior's well being. At this point it may be time to create a conservatorship Los Angeles courts approve.

Hopefully people make arrangements and set down their wishes for the future before some emergency occurs. Often times however, individuals put off writing wills and discussing end of life issues with close family members. When a person can no longer make these decisions for themselves, a conservator may be called in. This may be a general conservatorship which governs all aspects of the elderly individual's life or a limited conservatorship. This last occurs when the senior has trouble with certain areas of decision making, but can still decide how to proceed in other areas.

A general conservator makes the day to day decisions regarding an individual's well being. This can include anything from where they live to what they eat for supper. This custodian will decide whether a person can continue to drive and can consult with physicians to make medical decisions of the person's behalf. An estate conservator is someone appointed to handle the financial aspects of the individual's life. This includes any and all assets owned.

It is up to the court to decide who the conservator will be. A close family member such as a sibling, adult child, or spouse is preferred. If such an individual is unavailable, the court will look at friends and associates or may appoint an attorney. It is the court's responsibility to make the best choice possible for the individual while taking the wishes of family members into consideration.

A court appointed investigator will look into the circumstances surrounding the decision to request a conservatorship for an individual. This professional generally meets with the person to go over exactly how the conservator will affect his or her life and make certain no one is trying to duly influence the court's ultimate decision. A detailed and confidential report of the investigator's findings is submitted to the court with any recommendations the investigator deems appropriate.

In the case of an emergency, the courts may decide to appoint a temporary guardian to take over the individual's care until a permanent custodian can be put in place. They are sometimes required in the event that a current guardian has been removed and a new one has not yet been approved. This temporary person's responsibility usually ends within sixty to ninety days.

Conservatorships will end under certain circumstances such as the death of the guardian or the conservatee. Occasionally someone is only temporarily incapacitated and can resume responsibility for him or herself. The courts can decide a conservator should be removed or replaced, and the custodian may petition the courts to allow them to step down from the responsibility.

Requiring someone else to handle their affairs is not the first choice for anyone. The more you can make your wishes known before you find yourself in this situation, the better off you will be.




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