Understanding the Process to Obtain a Conservatorship in Santa Clara County

Even with the best intentions, most senior citizens don’t plan for a future in which they may be incapacitated. Perhaps they didn’t want to face the prospect of losing autonomy, or perhaps they fell ill before they had a chance to plan. Either way, for those with elder relatives and loved ones who no longer appear able to make sound financial and medical decisions, petitioning for an adult guardianship, also known as a conservatorship in Santa Clara County may be a viable option.

Even if an adult doesn’t appear to be capable, they won’t automatically lose their freedom to handle their own affairs unless the matter comes before a judge in a court of law. Fortunately, you can bring the matter in front of a judge yourself if you believe that your loved one would be better off with you handling things. Here are some steps you will likely need to take if you decide this is the right path for you and/or your loved one:

1. Gather information on finances, health, and family. 

Courts prefer to grant conservatorships to close relatives. If you’re a family member, it may be easier to get a conservatorship, but it is by no means a guarantee. You’ll also have to show the court what finances need to be managed and why. To do this, you’ll need both financial documentation and a recent doctor’s report to show that the elderly person isn’t competent to handle their own affairs. 

2. Petition the court and let other relatives know.

This is a trickier process, and a Santa Clara elder law attorney can help you. You’ll have to petition the court and send notice to the elder person’s relatives. They may contest your bid for a conservatorship, either by simply contesting it, or by wishing to be made conservator instead.

A temporary conservator may be put in place if it’s obvious to the court that the elder person needs a guardian sooner rather than later. They may also request interviews with you or the elder person to make a decision.

3. Go to the initial court hearing. 

Whether your petition is contested or uncontested, you must go to the first initial court hearing. At this time, you may be granted or denied a conservatorship, or the judge may appoint a guardian ad litem to help determine what’s in your elder relative’s best interest.

It’s important to remember that when petitioning for a conservatorship, the judge and the guardian ad litem aren’t your lawyers. Retaining your own Santa Clara elder law attorney to assist you in the process will ensure that you do what the court expects and that the petition process goes as smoothly as possible.

If you would like information on how our Santa Clara elder law attorneys can help support you through the conservatorship process and navigate any additional elder law and long-term care issues that you may face, contact our Santa Clara law firm at (650) 422-3313 to schedule a consultation.

December 22nd, 2017 Posted to Conservatorships, Elder Care, Elder Law and Medi-Cal Planning | Comments (1)