Legal Question in Administrative Law in California

Conservatorship Of A Mentally Handicapped Adult Son

What do we need to do to establish a family member conservatorship for our 45 yr old

son?


Asked on 5/18/07, 2:38 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Conservatorship Of A Mentally Handicapped Adult Son

file a conservatorship action in court, and show proof it is necessary. Feel free to contact for the legal help you will need in doing so. However, as his parents, you shouldn't need to do so, unless he is refusing medication, treatment, control, etc., and you need a court order to force such things on him, or need a court order to handle his finances.

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Answered on 5/18/07, 2:03 pm
Ismail Amin The Amin Law Group, Ltd.

Re: Conservatorship Of A Mentally Handicapped Adult Son

In order to establish a Conservatorship for your adult son, you will need to petition the court. Does your son have a living trust? If so, I suggest amending the living trust to name yourself as trustee with all durable powers of attorney over all assets and his medical well-being. If not, I recommend setting up a trust as soon as possible. The trust option is must less expensive and time consuming than petitioning the court for a conservatorship. Please note that a conservatorship requires a physician's note and the court will appoint an attorney for your son to ensure proper compliance and accounting.

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Answered on 5/18/07, 2:50 am


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