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.
When you need to establish a conservatorship for your parent, partnering with an experienced attorney from The Legacy Lawyers can greatly streamline and manage the process. Our attorneys are equipped with the knowledge of state and federal codes necessary to handle conservatorship cases efficiently and compassionately.
How The Legacy Lawyers Manage the Conservatorship Process:
- Initial Consultation: Upon contacting The Legacy Lawyers, our conservatorship attorneys quickly assess the need for immediate legal action, such as an emergency conservatorship, if your parent’s condition poses life-threatening risks. This ensures they receive immediate care pending the court hearing.
- Filing the Petition: Our team handles all aspects of filing the conservatorship petition. We prepare and complete the necessary documentation to formally request a conservatorship from the local county or state court. This includes preparing and submitting forms such as the Petition for Appointment of Probate Conservator and the Notice of Hearing-Guardianship.
- Investigation Coordination: If the court deems the petition to be legitimate, a court investigator will be dispatched to interview the parent, family members, and other related parties. Our attorneys facilitate these interviews and ensure that all parties understand their roles and the information required.
- Court Hearing Preparation and Representation: During the official court hearing, our attorneys represent your family and the proposed conservatee, advocating on your behalf. If necessary, we coordinate with medical or mental health experts to provide testimony regarding your parent’s mental and physical incapacitation.
Documents Managed by The Legacy Lawyers:
Our attorneys ensure that all necessary forms are accurately completed and duly submitted. These include, but are not limited to:
- Petition for Appointment of Probate Conservator (GC-310)
- Notice of Hearing-Guardianship or Conservatorship (GC-020)
- Citation for Conservatorship and Proof of Service (GC-320)
- Capacity Declaration-Conservatorship (GC-335)
The Legacy Lawyers also manage the process of obtaining necessary medical documentation, such as a physician’s certificate, to support the conservatorship application. We also take responsibility for notifying all required parties, including relatives who might have an interest in the welfare of your parent.
Hope for Deteriorating 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. If you’re considering a conservatorship for an elderly parent and want to ensure the process is handled with expertise and care, contact The Legacy Lawyers today. Our experienced attorneys will guide you through every step, ensuring your loved one’s needs are professionally and compassionately met. Let us help you navigate this complex legal process with confidence and support. To receive a consultation for legal options regarding your parent, give our law firm a call at (800)-840-1998.
