Torrance, CA Conservator of the Person Attorney

Caring Conservator of the Person Attorney Helping Families in Torrance, California

There are some situations where a person may become unable to make safe and sound decisions about their own health and personal care. When a person suffers a serious illness or injury, experiences a cognitive decline, or has a developmental disability, another person may step in to ensure that their needs are being met. In California, conservatorship of the person provides a legal method for addressing this type of situation.

Conservatorship proceedings are handled by the courts, and they can affect a person's independence and their control over their life. A number of responsibilities will apply to a person who is appointed to serve as a conservator of the person. Understanding how this process works, when it is appropriate, and what duties it entails is essential for families in situations where a loved one needs help.

At the Law Offices of Russell M. Ozawa, our lawyer can help families address conservatorship matters and other related concerns. He can provide clear guidance to people who are seeking to establish conservatorship for a loved one, and he can help conservators understand and fulfill their legal obligations.

What Is a Conservatorship of the Person?

A conservatorship of the person is a court-supervised legal arrangement in which a responsible adult is appointed to make personal decisions on behalf of another adult who cannot fully provide for their own needs. When conservatorship is established, the person receiving assistance is known as the conservatee.

A conservatorship of the person addresses decisions related to the conservatee's health care, living arrangements, and daily personal needs. It is separate from conservatorship of the estate, which addresses financial matters and the management of assets. In some cases, both types of conservatorship may be established at the same time. In other situations, only one type of conservatorship may be needed. Depending on the situation, one person may serve as both types of conservator, or separate conservators may be appointed to handle each area of responsibility.

When a Conservatorship of the Person May Be Needed

Before a conservatorship of the person may be established, California law requires that the conservatee be unable to provide properly for their own personal needs. There are several types of circumstances where conservatorship may be needed, including:

Age-Related Cognitive Decline

Dementia and other issues associated with aging can affect a person gradually or suddenly. A person with advanced dementia may be unable to recognize when they need medical attention, or they may be unable to maintain basic hygiene and nutrition without assistance. When cognitive decline reaches a point where extensive support is needed, a conservatorship may become necessary.

Serious Medical Conditions

A sudden and serious medical event, such as a stroke or a traumatic brain injury, can affect a person's ability to manage their personal needs. Assistance may be needed during a period of recovery, and in some cases, a person may be permanently disabled. In these situations, a conservatorship of the person can give a family member the legal authority to make medical decisions and arrange care for a person.

Developmental Disabilities

When a person with significant developmental disabilities reaches the age of 18, their parents or other caregivers will no longer have legal authority to make decisions on their behalf. A conservatorship can ensure that an adult with a developmental disability will receive continued support when they cannot manage certain aspects of their own life on their own.

The Duties of a Conservator of the Person

Once appointed by the court, a conservator of the person will have a significant set of legal responsibilities, including:

Arranging for Appropriate Living Arrangements

One of the conservator's primary responsibilities is to ensure that the conservatee will have a safe and appropriate place to live. Depending on the conservatee's needs and circumstances, this may mean arranging for in-home care, placing them in an assisted living facility, or setting up other residential arrangements. The conservator must take the conservatee's preferences into account when possible, and they must choose the least restrictive setting that is appropriate.

Making Health Care Decisions

A conservator of the person will have the authority to consent to or refuse medical treatment for the conservatee. They may make decisions about routine medical care while also addressing more significant issues, such as surgical procedures and long-term care planning. The conservator must act in the conservatee's best interests, and they should make decisions that align with the conservatee's values and the wishes they have expressed.

Ensuring Access to Necessary Services

The conservator is responsible for ensuring that the conservatee will have access to the services and support they need to maintain their health and quality of life. They may need to set up medical appointments, arrange transportation, provide personal care services, and make sure the conservatee's nutritional and hygiene needs are met. The conservator may not need to personally provide these services, but they will be responsible for ensuring that the appropriate arrangements are in place.

Protecting the Conservatee From Harm

The conservator has a duty to protect the conservatee from abuse, neglect, and exploitation. They will need to pay attention to the conservatee's living conditions, monitor the people who have access to the conservatee, and report any suspected abuse or neglect to the appropriate authorities.

Maintaining Regular Contact

California law expects conservators to maintain regular personal contact with the conservatee and to stay informed about their condition and their circumstances. A conservator who has little or no contact with a conservatee cannot fulfill their duties effectively, and the court may take action to address a situation where a conservator has not provided the necessary care and supervision.

Reporting to the Court

Conservators are required to report to the court on a regular basis. The court must review a conservatorship at least every two years to determine whether conservatorship remains necessary and make sure the conservator is fulfilling their duties. The conservator may also be required to file status reports and to seek court approval before making certain significant decisions about the conservatee's care or living arrangements.

Helping a Conservatee Maintain Independence

A conservatorship should minimize any restrictions that may affect a conservatee's personal freedom and independence. Conservatorships should be designed to encourage maximum self-reliance and independence for conservatees. Some issues to address when establishing conservatorship of the person include:

Tailoring the Conservatorship to the Conservatee's Actual Needs

A conservatorship of the person does not automatically strip the conservatee of all decision-making authority over their own life. The conservator's authority should be limited to the specific areas in which the conservatee requires assistance. The conservatee should be able to continue to make their own decisions in areas where they have the ability to do so. For example, a conservatee may be able to make routine personal choices about their food, clothing, and social activities, while the conservator may provide assistance with medical decisions or living arrangements.

Limited Conservatorship

A limited conservatorship will only grant the conservator the powers that are necessary to meet specific needs that the conservatee cannot meet on their own. A limited conservator may be granted authority over some or all of the following areas, depending on the conservatee's needs: determining the conservatee's place of residence, access to confidential records, consent to medical treatment, consent for the conservatee to get married, decisions about the conservatee's education, and management of the conservatee's social and sexual relationships. Powers that are not specifically granted to the conservator will remain with the conservatee.

Contact Our Torrance, CA Conservatorship of the Person Lawyer

If you are concerned about the well-being of a loved one who may no longer be able to care for themselves, the Law Offices of Russell M. Ozawa can help you determine whether conservatorship may be necessary. Our lawyer will advise you of your options and help you take the right steps to establish conservatorship of the person while addressing other related concerns. Contact our Torrance conservatorship attorney at 626-499-4500 to schedule your free consultation.