Do you need help learning how to file for conservatorship in Lake County, California? Obtaining a conservatorship can be a lengthy process, but it’s well worth it to protect your loved one who needs help. For disabled persons, those suffering from mental illness, or others who simply can’t manage their daily tasks, a conservatorship can greatly improve happiness and quality of life.
If you think your loved one needs the support of a conservatorship, you’ve come to the right place. Continue reading to learn how to file for conservatorship in Lake County, California as well as how A People’s Choice can help you avoid pricey attorney fees.
What Is an Adult Conservatorship in Lake County, California?
An adult conservatorship in Lake County can permit you to make legal or financial decisions for an incapacitated person. The conservatorship filing can ask the court to grant you or another responsible individual or individuals the powers of a conservator. The court-appointed conservator for adults will then look after the adult who needs assistance (the conservatee).
Because conservatorship is a serious responsibility requiring a documented medical illness or other debilitating factors, you can’t set one up overnight. The conservatee must be reviewed by a physician to identify their incapacity, and you’ll need to submit legal files with the court as well as make a few court appearances. Although you can ask for expedited temporary orders, in some scenarios, an application for a conservatorship can take between 6 to 12 months to solidify in Lake County, California.
Conservatorship of the Estate vs. Conservatorship of the Person in Lake County
There are three different sorts of an adult conservatorship in Lake County and elsewhere in California: conservatorship of the estate, of the person, or both. When the court limits an adult conservatorship in Lake County to an individual’s estate, the conservator only has control over the conservatee’s entire estate, including property and assets. In that case, the conservator can handle the conservatee’s financial resources.
The responsibilities of a conservator of the estate vary depending on the type of assets the conservatee owns. As an example, this type of legal plan permits the conservator to utilize the conservatee’s earnings (such as social security income) to pay their costs, real estate expenditures, and investment fees. They can prepare to file the conservatee’s tax obligations as well as invest/manage real property transactions. The latter is especially important if the conservatee has considerable assets that need managing.
On the other hand, when the court limits an adult conservatorship to the person, you’re accountable for the conservatee’s medical and also personal choices. A conservatorship of the person requires the conservator to help with basic adult services like setting up assistance with meal preparation, shelter, clothing, as well as healthcare. It likewise permits the conservator to make wellness choices for the conservatee.
At times, an adult conservatorship in Lake County can be of both the estate and the person. Such conservatees manage both the day-to-day care and financial wellness of disabled individuals and other eligible individuals under conservatorship.
General vs. Limited Conservatorship in Lake County
In addition to the three variations of adult conservatorship in Lake County, California, there are two different types of conservatorship you should be aware of.
A limited conservatorship permits the conservator to exercise only minimal authority. This type of conservatorship often enables the conservatee to continue to look after their everyday wellbeing while restricting their authority to make larger decisions without the conservator’s assistance. The court may grant a limited conservatorship in instances where the conservatee has developmental disabilities, for example.
On the other hand, the court may provide a basic conservatorship for an older or infirm adult that has seriously compromised mental or physical ability because of age, dementia, or a terminal illness. A general conservatorship can also be filed when a person has had a serious accident and, as a result, remains in a coma or similarly incapacitated state.
Conservatorship Duration in Lake County
The court can also decide if a conservatorship is short-lived or permanent. An individual can request a temporary conservatorship if prompt orders are needed while waiting on the normal hearing. In other words, if there is an accident and assistance is needed right away, you may choose to file for a temporary conservatorship while also preparing a petition for a permanent conservatorship.
How to File for Conservatorship in Lake County, California: Legal Forms and Court Information
Lake County Superior Court is located at 2293 N Main St, Crown Point, IN 46307, United States. At the time of writing, the court’s service hours are from 8:30 a.m. to 4:30 p.m. Monday through Friday. You can reach the county offices by phone at 219-755-3000.
Permanent Adult Conservatorship Petition Forms:
The following forms must be completed to get a permanent conservatorship in Lake County:
- Petition for Appointment of Probate Conservator (JC Form #GC-310)
- Citation for Conservatorship (JC Form #GC-320)
- Confidential Supplemental Information (JC Form #GC-312)
- Confidential Conservator Screening Form (JC Form #GC-314)
- Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators (JC Form #GC-348)
Temporary and Permanent Adult Conservatorship Petition Forms:
- All of the above forms plus:
- Petition for Appointment of Temporary Conservator (JC Form #GC-111)
For step-by-step instructions on how to file for conservatorship in California in general, check out our article on the subject.
If you’re getting ready to file for conservatorship, you’ll also need to learn about conservatorship bonds. A conservatorship bond is a kind of guaranty bond that holds the conservator accountable for their responsibilities. It’s essentially a way to protect the conservatee from exploitation.
Think of a conservatorship bond as an insurance policy for conservatorships. Unlike a bail bond, you can buy a conservatorship bond from a surety bond business much like you buy insurance coverage.
How Conservatorship Bonds Work
As we said, conservatorship bonds, similar to periodic reports, are a way to guarantee that the conservatee will not suffer any type of loss because of an irresponsible conservator. They also exist to hold the conservator accountable if the conservatee ever succumbs to:
- Improper release of assets
- Mismanagement of estate funds, estate residential property, or estate accounts
- Neglect of conservatorship responsibilities
Let’s say, for example, a corrupt conservator runs off with the conservatee’s money. The guaranty business that’s standing in for them will then make the reparations for the claims. Thanks to conservatorship bonds, the conservatee will obtain their repayment.
Why Do I Need a Conservatorship Bond in Lake County?
Trust: Since the role of a conservator is a fragile one, there needs to be a substantial level of trust between the conservator and the conservatee. A conservatorship bond, similar to every other surety bond, provides an extra layer of assurance and trust.
Protection: If theft, mismanagement of funds, or various other misconduct occur, conservatorship bonds ensure that liability is imposed. Even if the conservator is incapable or reluctant to make reparations, the surety business has the ethical obligation to step in. They will make the repayment for any loss the conservatee has endured as a result of the conservator’s misdeeds. In some cases, this can save the conservatee from total financial ruin on top of their medical illness.
Responsibility: Conservatorship bonds are a warranty of protection from any loss incurred as an outcome of the conservator’s irresponsibility. The bond ensures the conservatee as well as their family members that the conservator will be liable for any misbehavior. If the conservator is a member of the family, this can be helpful as well. As an example, if one sibling is the conservator, a mistrustful second sibling may need the conservatorship bond to feel comfortable with the arrangement.
How to File for Conservatorship in Lake County, California with A People’s Choice
A conservatorship may be imperative for your loved one, but finishing the piles of documentation required to file a conservatorship in Lake County, California can be frustrating. Serving Lake County and beyond, A People’s Choice has effective and affordable conservatorship document preparation solutions.
We can’t provide legal advice, but utilizing our legal document online services will make it so much less complicated for you to get a conservatorship set up in Lake County. We also cost much less than a conservatorship attorney. Call us today at 800-747-2780 to get started!
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