At the Law Office of Timothy G. Mishler, we assist clients in conservatorship cases through every step of the process. Whether you want to establish or fight a conservatorship, Mr. Mishler has more than 30 years’ experience successfully representing clients in these sensitive matters. If you need information about conservatorships, please contact Monrovia Lawyer Tim Mishler at (626) 357-3223 to schedule a free, comprehensive consultation. Located in Monrovia, Mr. Mishler represents clients in conservatorship cases and estate planning matters throughout the region. Ensure Your Loved One Will Be Cared For In the State of California, Probate Conservatorships are established in California’s Probate Code and are subject to the jurisdiction of the Probate Court. The Probate Court allows for two types of conservatorships: General Conservatorships and Limited Conservatorships. General Conservatorships are created for the benefit of incapacitated adults who can no longer manage their finances or physically care for themselves. Limited Conservatorships are established for the benefit of adults with developmental disabilities who do not require the full level of care and protection afforded by a General Conservatorship General Conservatorships In General Conservatorship proceedings, upon a showing that an individual is incapacitated and as a result cannot manage their own affairs, the Probate Court will appoint a responsible individual (conservator) to assist an incapacitated adult (conservatee) by protecting and managing their property and financial affairs (conservator of the estate), as well as overseeing their medical care and attending to daily needs (conservator of the person). The Probate Court will generally appoint the same person to be conservator of the person and their estate. For the purposes of establishing a conservatorship, an individual may be deemed incapacitated if they are unable to manage their own affairs due to physical or mental infirmity or advancing age. Conservatorships act as safeguards against fraud, abuse, and mismanagement of the conservatee’s finances, and because they are overseen by the Court, they supersede Durable Powers of Attorney. A responsible relative or close family friend may be appointed as a conservator. Absent the ability to find an individual willing to take on this role, the Probate Court may appoint a professional conservator or a public conservator. Conservators have a fiduciary duty to act in the conservatee’s best interest and are required to provide accountings to the Court to ensure that they are properly managing the conservatee’s affairs. If a conservator is acting improperly, they may be removed by the court and a new appointment will be made. Limited Conservatorships As stated above, Limited Conservatorships are typically established for the protection of the developmentally disabled adults. The Court will grant specific powers to the conservator based upon the developmentally disabled adult’s level of disability and ability to act and care for themselves. Powers granted under a Limited Conservatorship to act on behalf of the conservatee may include (but are not limited to) any of the following: • Ability to enter into contracts • Decision making regarding where the conservatee will live • Ability to provide or withhold consent for medical treatment • Power to access confidential records • Ability to make decisions regarding schooling • Consent or withhold consent to marry Once a General or Limited Conservatorship is established, it can only be dissolved by order of the Probate Court. Contact Monrovia Conservatorship Attorney Mishler Conservatorship Lawyer Tim Mishler handles cases involving conservatorships of the elderly, those incapacitated by mental or physical infirmity, and limited conservatorships for the developmentally disabled. Call (626) 357-3223 or contact us online and arrange a complimentary consultation with our experienced conservatorship attorney. Mr. Mishler can help you provide vital support when a loved one is in need.