Filing a conservatorship can be the most difficult thing you’ll do for your parent. You could receive severe pushback since they’ve taken care of you from birth and for being their child.
However, your parent’s incapacitation requires action. When suffering from mental and physical illnesses, they lose the ability to make sound choices.
A clouded parent can deteriorate their life by refusing help for daily routines and making unwise financial decisions, which whittles away their estate planning.
Our team has worked with hundreds of families that have been forced to step into probate court and obtain legal help for their parents. We want to show you how to get a conservatorship for your mom and dad so they won’t harm themselves or others.
What is a Conservatorship?
Unlike power of attorneys, conservatorships are permanent legal arrangements that a lawyer can help you establish.
They provide family members with a responsible conservator that oversees their personal and financial life, making decisions on their behalf.
Conservators of the person and the estate can assist aging parents with everything from food and clothing to medical care and financial affairs.
Mom and dad are bound to conservatorships and cannot escape them like they could with a power of attorney.
When a court-appointed conservator watches over them, they must comply with their medical decisions and other requests that are made in their best interest.
And they still have the opportunity to enjoy living at home without the shock of being moved to an elderly living facility.
What is the Conservatorship Process for your Parent?
From the petition all the way to the hearing, an experienced attorney can walk you through the conservatorship process. They carry your family through filing difficulties and fighting against opposing lawyers.
Reach out to a Conservatorship Attorney
You can’t receive legal support to begin a conservatorship unless you reach out to a conservatorship lawyer. With expertise in state and federal codes, they can get you started immediately and establish the arrangement as quickly as possible.
The attorney may feel an emergency conservatorship is necessary if your parent is in life-threatening danger. This places them in instant care until you enter the court hearing.
Regardless, you can yourself save the anguish of learning the technical ins and outs of conservatorships and overburdening yourself by filing on your one.
Petition the Courts with an Application
The next step is to drive to the local county or state court and fill out the necessary paperwork to file a conservatorship. Again, lawyers can help you complete them and the secretary can print out the documentation when you arrive.
Wait for the Investigator to Arrive
If the judge believes your case is legitimate, they’ll send out a court investigator after reviewing the application. This expert interviews the parent, yourself, and related parties to assess whether the incapacitation claims are true.
Attend the Official Court Hearing
Finally, the judge summons the proposed conservatee and everyone involved to the courts for the hearing that determines whether they receive a conservatorship or not.
Your attorney may call for medical or mental health experts to attend the case if it’s necessary to prove they had mental or physical incapacitation.
What are the Items you Need to File a Conservatorship for an Elderly Parent?
By filling out the correct documentation, you can make a proper petition for a conservatorship that grabs the judge’s attention and begins the conservatorship process.
You must complete all forms and submit them to the county or state court according to California law.
- Petition for Appointment of Probate Conservator GC-310
- Notice of Hearing-Guardianship or Conservatorship GC-020
- Attachment to Notice of Hearing Proof of Service by Mail GC-020 (MA)
- Pre-Move Notice of Proposed Change of Personal Residence GC-079
- Confidential Supplemental Information (Probate Conservatorship) GC-312
- Citation for Conservatorship and Proof of Service GC-320
- Duties of Conservator and Acknowledgment of Receipt of Handbook GC-348
- Confidential Conservator Screening Form (Probate Conservatorship) GC-314
- Order Appointing Probate Conservator GC-340
- Letters of Conservatorship GC-350
- Capacity Declaration-Conservatorship GC-335
- Dementia Attachment to Capacity Declaration – Conservatorship GC-335A
- ATTACHMENT to Judicial Council Form MC-025
The best conservatorships pan out when you’re prepared in advance to work with an experienced attorney. We recommend considering the following to speed up the process:
Receive Physician’s Certificate or Doctor’s Letter
The judge wants to see medical proof that your parent suffered from a mental or physical condition that clouded sound judgment and decision-making.
Notify the Proposed Parent and Other Relatives
Instead of acting on your parent’s best wishes alone, you have the option to involve siblings, cousins, and others that are invested in their best interests.
Hope for Deteorating Parents
The tension between helping incapacitated parents and restricting their civil rights can feel unbearable.
Thankfully, our empathetic lawyers have supported hundreds of families through the process and understand what it’s like to be in your position.
They help you bear the burden by petitioning the courts, obtaining medical experts, and fighting opposing lawyers. With conservatorship attorneys, you have a higher chance of success assisting your parents than if you did everything by yourself.
We can also help you pursue a power of attorney or a durable power of attorney if our team believes it’s the best option to protect your loved one.
To receive a consultation for legal options regarding your parent, give our law firm a call at (800)-840-1998.