Call Us
(510) 351-5345
2777 Alvarado Street, Suite E
San Leandro, CA 94577
2777 Alvarado Street, Suite E
San Leandro, CA 94577
Your mom, who’s always been sharp as a tack, starts forgetting things. Important things. Like paying bills or taking her medication. One day, she leaves the stove on. All night. You’re scared—terrified, really. What if she’s not safe living alone anymore? You’ve heard the word “conservatorship” tossed around. It sounds extreme, but is it? What do you really know about it? Let’s dig in.
Is conservatorship the right move for your loved one? It’s not about power. It’s about protection. In California, under Probate Code § 1801, a conservatorship is warranted when an adult cannot manage their personal needs due to physical or mental limitations. This could be because of dementia, severe mental illness, or a developmental disability. They can’t take care of themselves. They can’t manage their money. They can’t make safe decisions. In San Leandro, it’s often the last resort—a safety net for those who can’t stand on their own. But how do you know when it’s time?
Where do you start? The process kicks off with a petition. You’re asking the court to give you legal authority over your loved one’s affairs. It’s a big ask, and the court doesn’t take it lightly. California Probate Code § 1820 lays out the steps: file the petition, and then the court appoints an investigator. This isn’t just paperwork. The investigator—per Probate Code § 1826—dives deep, interviewing your loved one, assessing their situation. They want to know: Can they really not manage on their own? Then comes the hearing. Under Probate Code § 1827, a judge reviews the evidence and decides. Is this the right move? It’s a serious decision, one that can’t be undone lightly.
So, you’ve been appointed. Now what? Now, you step into their shoes. Completely. California Probate Code § 2351 outlines your duties. You’re making medical decisions, handling finances, even deciding where they live. It’s all on you. And it’s not just a title; it’s a responsibility. The law, under Probate Code § 2401, expects you to act in their best interest—always. That means keeping detailed records, reporting regularly to the court as required by Probate Code § 2620. It’s about more than just following the rules; it’s about doing what’s right. Every. Single. Time.
Could there be bumps in the road? Absolutely. Family members might disagree. One might think conservatorship isn’t needed, another might want to be the conservator themselves. Disputes like these can get messy—fast. They can escalate, sometimes ending up in court. California law, especially Probate Code § 1828, is clear: the conservatee’s rights matter. They have the right to be heard, to contest the conservatorship, to retain as much autonomy as possible. But how do you balance their rights with their need for protection? It’s a tightrope walk, but with the court’s oversight, you can make it across safely.
What if things change? What if they improve? Conservatorship isn’t necessarily forever. Under California Probate Code § 1861, a conservatorship can be terminated if the conservatee’s condition improves. Maybe they regain some of their independence. Maybe they’re stable enough to make decisions again. To terminate, you’ll need to file a petition—again. The court will hold a hearing, as outlined in Probate Code § 1863, to decide if it’s time to step back. And if the conservatee passes away? The conservatorship ends automatically. The process is just as rigorous as it was at the start, ensuring that the conservatee’s best interests are always front and center.
So, where do you go from here? If you’re considering conservatorship in San Leandro, don’t wait. It’s a huge decision, but it could be the best way to protect your loved one. At Bagner Law, I’m here to guide you through every step. Let’s talk about what’s next. Contact me today—before it’s too late. Your loved one’s safety and well-being might just depend on it.
Bagner Law, PC opened in 2003 as Law Offices of Vonnah M. Bagner with offices in San Francisco and San Leandro, CA. In 2005, the entire practice was moved to San Leandro.
2777 Alvarado Street, Suite E
San Leandro, CA 94577
Monday-Thursday 8:30am - 5:30pm (PST)
Friday 8:30am - 2:00pm
Weekends and After-Hours by Appointment
Copyrights © 2024 All rights Reserved.
