Ideally, a person with Alzheimer’s will have appointed someone through a durable power of attorney before becoming incapacitated. If a person did not sign a durable power of attorney, the court may appoint an adult child or family member to serve as conservator. Applying for a conservatorship can be an expensive process that requires filing fees, investigation fees, and legal document preparation assistance. Read on to learn more about how to get a conservatorship for a parent with Alzheimer’s.
Get Conservatorship for a Parent with Alzheimer’s
To apply for a conservatorship for a parent with Alzheimer’s in California, the conservator must file a voluminous amount of paperwork. Part of this paperwork includes a petition with extensive personal information about both the conservator and conservatee. For example, some of the personal information covers criminal and bankruptcy history. (A history of bankruptcy and a felony conviction will most likely disqualify someone from being a court-appointed conservator.) The petition will include detailed information on the potential conservatee, along with the names of close relatives of the conservatee.
The Petition will identify all close relatives of the conservatee, such as a spouse, parents, children, siblings, grandparents, and grandchildren. You will need to outline all medical services received by the potential conservatee over the past year. Lastly, you will need to identify all public benefits such as Social Security payments the potential conservatee has received in the past year. Once this extensive package of documentation has been completed and filed, you will need to serve a copy of the petition on the conservatee and all close relatives listed in the petition.
The Court Investigation
In every conservatorship for a parent with Alzheimer’s, the court will investigate the claim of actual incapacitation. A court-appointed investigator will interview the potential conservatee to determine competence and degree of incapacity. The investigator will explain the potential conservatee their rights, including the right to object to the conservatorship. During this process, the investigator will make an independent determination of the conservatee’s incapacitation and mental state.
The Conservatorship Hearing
After the investigation, the court will hold a hearing to determine if it is necessary to appoint a conservator. At the hearing, the conservatee’s relatives have the right to object to the conservatorship. The court-appointed investigator will present evidence of incapacitation, and the potential conservator can submit additional evidence. At the hearing, the judge will also look at if the proposed conservator will act in the conservatee’s best interest. If the court appoints a conservatorship, the conservator must make a report to the court ever six months and once a year after that.
Obtaining a conservatorship for a parent with Alzheimer’s is not an easy process. In the event you need to file a conservatorship for a parent with Alzheimer’s, there is low-cost help available to get you through the process. Filing a conservatorship may be the only option to make sure an elderly parent suffering from Alzheimer’s receives proper care. Attorneys often charge upwards of $5,000 to file a conservatorship. If you need to file a conservatorship, check our your options and contact A People’s Choice. We are happy to show how we can help you prepare the documents to obtain a conservatorship in California.
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