Legal Question in Elder Law in California

conservertorship

How do I apply for conservatiorship for a friend? Is there a charge for this question?


Asked on 4/20/09, 8:27 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: conservertorship

You must petition the court have medical evidence of the need and notice all other intereted parties. Contact me directly.

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Answered on 4/21/09, 12:34 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: conservertorship

As the others have noted, there's no charge for this question, and I don't charge for the first consultation either, about 30-60 minutes of time to get an idea about your case. My firm usually takes a retainer of $7500 for conservatorships, as the filing/investigator fees are high, and there's a lot of initial work for the conservatorship. If there are assets in the estate to reimburse you, and the court approves (this is typical), you can get your money back.

If the size of the estate is small, you may consider using free help from the court to complete the petition and schedules--this is offered in Los Angeles County.

Also, be aware that the probate code has a statutory priority list for conservators, if no one has been nominated by the person in writing (in a power of attorney, for instance). The priority favors close relatives first, before "strangers," but if no one in the family has been involved, or wants to be involved, this may not be an issue.

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Answered on 4/21/09, 1:57 pm
Terry A. Nelson Nelson & Lawless

Re: conservertorship

No charge for the question, or the answer, but there are substantial fees and costs to apply for a conservatorship. It is a court 'lawsuit' type of filing, with numerous pleadings, hearings, etc. Now, if you're serious about doing so, and this is in SoCal courts, feel free to contact me.

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Answered on 4/20/09, 11:10 pm


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