conservatorships start in a similar fashion. A concerned person
notices that a friend, family member or neighbor appears to
be having trouble with the basic requirements of daily living
or has become subject to fraud or undue influence. The concerned
person may have tried to intervene, only to be rebuffed. Or
the concerned person may have been prevented from intervening
by another person, a person with dubious motives. Eventually,
the concerned person calls an attorney for advice. Usually,
the attorney advises the concerned person about conservatorships.
A conservatorship is a court-supervised relationship between
an incapacitated person and one who is appointed to look after
that person’s needs. Conservators are appointed only after
the court finds by clear and convincing evidence that the conservatee
is unable to properly provide for his or her personal needs,
to manage financial resources or to resist fraud or undue influence.
Seeking a conservatorship can be expensive, time consuming and
embarrassing to the troubled person, but sometimes nothing short
of a conservatorship will do.
At Hand & Little, PC, we help clients explore alternatives
to conservatorships and when no reasonable alternative can be
found, we help clients obtain conservatorships. In some cases,
we represent parties objecting to a conservatorship. We also
represent both professional and non-professional conservators
once a conservatorship has been established.
Margaret M. Hand is the author of two chapters in California
Conservatorship Practice (2008, Continuing Education of