Legal Question in Elder Law in California

What are the benefits of getting Conservership?

My dad is 84 years old. He suffers from dementia and different serious conduct disorders. He has Medical but not medicare.

A couple of times, I have removed a sharp knife that he was hiding and saying that he plans to attach my wife and me in the middle of night. Since three weeks, police has taken him to Valley Medical Center because of his conduct issues.

The VMC doctors have written me a letter stating that my dad needs to be sent to a secure facility as he needs 24 hours care. Although I have been asking the VMC doctors to follow their own recommendation and arrange to send my dad to a secure facility, the doctors and the hospital social workers keep insisting on me to get a conservership from the court first.

My dad does not have any assets except the SSI that he gets.

My questions are as follows:

1) Why can�t the VMC transfer my dad to a secure facility without requiring me to get a conservers hip on the person of my dad?

2) Without getting a conservership, do I have the right of insisting on the VMC to transfer my dad to a secure facility?

3) What are my financial liabilities if I get a conservership on the person of my dad?

Thank you very much.


Asked on 4/12/09, 1:05 am

3 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: What are the benefits of getting Conservatorship?

Without the conservatorship, they cannot force him into a secured facility except perhaps for a short time, so it would be needed. It sounds like you can get one, as the doctors are in agreement regarding his lack of capacity.

Check with the courts in his county to see if they have any free help in completing the forms--it's available in Los Angeles County.

You wouldn't have personal liability for his debts, and because of his low income status, you may qualify for a filing fee waiver on the conservatorship as well.

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Answered on 4/13/09, 1:02 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: What are the benefits of getting Conservership?

You will have the right to decide where your father lives and have control over his assets. Contact me directlly.

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Answered on 4/13/09, 1:25 pm
Terry A. Nelson Nelson & Lawless

Re: What are the benefits of getting Conservership?

Conservatorship allows you to make all his decisions for him, it does not give you any addition power over VMC or anyone else to 'make' them do what you want. Your problem is that it will cost attorney fees and court costs to get a Conservatorship. Unless his estate has assets and income to pay that from, you will have to. You don't become personally liable for his other bills or debts if you do things correctly. You could seek help from the Public Guardian, but doing so loses control to them. If you decide to get legal help, feel free to contact me.

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Answered on 4/13/09, 5:24 pm


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