Conservatorship & Addiction

It’s Difficult, Not Impossible.

What is Conservatorship?

Conservatorship is a legal term defined as a court petition where a judge reviews indications of incapacitation and appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances due to mental health condition or severe addiction issues.

Seeking to establish a conservatorship is usually reserved for cases where an addict or alcoholic has a trust. This is because when a trust has been assigned, although the intention was initially good, the financial resources available through the trust are often abused by the individual determined to be in need of a conservatorship.

Who Can File for Conservatorship

The steps to achieving a conservatorship are simple, but difficult to complete without assistance. If you would like information or support with investigating your options call 1 877 267 4673 to speak with a counselor.

There are a number of people who can file for a conservatorship:

The spouse or domestic partner of the proposed conservatee;
A relative of the proposed conservatee;
Any interested state or local entity or agency;
Any other interested person or friend of the proposed conservatee; and
The proposed conservatee, himself or herself.

In appointing a conservator, the court is guided by the best interests of the conservatee. If the proposed conservatee has nominated someone (and the proposed conservatee has the mental and physical ability to express his or her preference), the court will appoint that person as conservator unless it is NOT in the proposed conservatee’s best interests.

If the proposed conservatee has not or cannot nominate anyone, the law provides a list of preferences that the court generally follows when the court determines whether all these persons are qualified to serve as a conservator.

The order of preference is:

Spouse or domestic partner
Adult child
Parent
Sibling
Any other person the law says is okay
Public Guardian

If the person closest to the top of the list does not want to be conservator, he or she can nominate someone else.

In the end, regardless of this order of preference, the selection of the conservator is up to the judge, and the judge makes this decision by considering the best interests of the proposed conservatee.

How to File for Conservatorship in Los Angeles, California

Seeking, obtaining, and setting up a conservatorship in Los Angeles is a long and complex process. Remember, before asking or petitioning a Los Angeles court to seek the appointment of a conservator, the person filing for the conservatorship should be SURE that this is an appropriate arrangement for the proposed conservatee. If you have questions call 1 877 267 4673.

Steps to Obtaining a Conservatorship

Here are the steps to file for a conservatorship in Los Angeles, California. Each step must be followed precisely.

Starting the conservatorship

The process may be started by: the proposed conservator; the proposed conservatee; the spouse, domestic partner, a relative, or a friend of the proposed conservatee; another interested person; or an interested state or local agency, employee of the agency, or public officer. The process starts once all the necessary paperwork is filed with the court.

Completing the petition

The petition must include information about the proposed conservator and conservatee, relatives, and the petitioner (the person filing the case in court), and the reasons why a conservatorship is necessary. It must also explain why the possible alternatives to a conservatorship are not available in this case.

Filing of the petition

The petitioner files the petition with the court clerk. He or she must pay the filing fee, plus a court investigator fee. A court date will be scheduled by the clerk.

Informing the proposed conservatee

The petitioner must have someone else personally deliver a citation and a copy of the petition to the proposed conservatee.

Informing the proposed conservatee’s relatives

The petitioner must have someone else mail a written notice about the court hearing on the conservatorship petition, together with a copy of the petition, to the conservatee’s spouse or domestic partner and close relatives.

Investigation by a court investigator

A court investigator will talk to the proposed conservatee and others who may be familiar with the conservatee’s condition. The court will assess the conservatee’s estate for the cost of this investigation unless the court decides that the assessment would be a hardship for the conservatee.

Hearing

The proposed conservatee must go to the hearing unless he or she is excused because of illness. At the hearing, a judge will determine if everyone has been properly notified and if a lawyer needs to be appointed to represent the proposed conservatee. Once the judge is ready to make a decision, he or she may grant or deny the conservatorship. If the judge grants the petition, an order appointing the conservator will be filed and Letters of Conservatorship will be issued. If there is an estate, a surety bond must be filed unless the court orders the conservatee’s bank accounts to be frozen.

If a judge grants the conservatorship

The conservator must purchase a copy of the Handbook for Conservators from the court.

He or she can then assume the powers authorized under the law. Also, the conservator of the person, conservator of the estate, and limited conservator of the estate must attend the training for conservators offered by the court. Each conservator will have the ongoing duty to report to the court for regular reviews and to meet with the court investigator.

Types of Trusts

There are many different types of trusts, with each representing unique challenges to petitioner’s seeking to establish a conservatorship on behalf of someone incapacitated as a result of severe drug abuse, addiction, or alcoholism.

Revocable Trusts

Basic overview of Revocable Trusts:

Many people choose to establish a revocable trust to provide for themselves and their dependents in the event they become incapacitated. People also set up revocable trusts to avoid probate upon their death. Revocable Trusts allow the grantor to change or revoke the trust if they wish. You, as the grantor, can establish the trust and control it. You may even serve as trustee during your lifetime. If you become incapacitated, the trustee (or successor trustee) will ensure uninterrupted management of your financial affairs according to the terms you established when you set up the trust. And when you are gone, the trustee will distribute the trust assets, which will not be subject to the delays and expense, not to mention potential public review, of the probate process. A revocable living trust does not avoid estate taxes because you still own the property, but it can help reduce expenses.

Irrevocable Trusts

Basic overview of Irrevocable Trusts:

An irrevocable trust is just what the name implies and cannot be revoked by the grantor once it has been created. Because it is irrevocable, this type of trust may provide tax benefits that a revocable trust cannot by reducing the estate’s tax liability. It can also provide income to your children, grandchildren, or other heirs as you instruct both during your lifetime and after your death. You specify the beneficiaries of the trust, how it will function, and who will serve as trustee.

Irrevocable Life Insurance Trusts

Basic overview of Life Insurance Trusts:

An irrevocable life insurance trust lets you reduce the size of your taxable estate with a trust which purchases a life insurance policy on your own life. The trust is the owner of the policy and pays the life insurance premiums from money you gift to the trust. The premium payments that you contribute to the trust may qualify for the annual gift tax exclusion amount if certain tax rules are properly followed. The trust is also the beneficiary of the policy and your heirs are the beneficiaries of the trust. When you die, the policy’s death benefit is paid to the trust, and the trust can be distributed to the named beneficiaries in the manner you choose.

Marital and Family Trusts

Basic overview of Marital and Family Trusts:

Although your estate can generally pass to your spouse estate tax-free upon your death, you may choose to establish a family (or exclusion) trust to take advantage of the applicable exclusion amount at the first death of a spouse. This type of trust can provide a lifetime of income to the surviving spouse, with the remaining assets of the trust passing to your heirs estate tax-free upon the surviving spouse’s death.

Charitable Trusts

Basic overview of Charitable Trusts:

Through a charitable trust, you may maximize the impact of your giving. With a charitable remainder trust (CRT), you reap the benefits of reducing your taxable estate while retaining an income stream for yourself, your spouse, or family. When the trust ends after a specified time or when the last beneficiary has died, the remainder of the trust passes to the qualified charity or charities you designated. Meanwhile, you get the benefit of a tax deduction when the trust is created.

Special Needs Trusts

Basic overview of Special Needs Trusts:

Caring for those with special needs can be an expensive and lifelong proposition. Parents and family members may wonder whether they have the financial resources for a child with special needs or addiction issues, and especially worry about what will happen after they die. A Special Needs Trust is a fund established by parents or other family members to provide for the well-being of their disabled family member while preserving any federal or state benefits the individual may be eligible for.

Testamentary Trusts

Basic overview of Testamentary Trusts:

Testamentary trusts are created in a will, and the terms of the trust go into effect when the grantor passes away. If you have a spouse or children who will require income and care after you are gone, a testamentary trust will allow you to provide without giving them an overwhelming lump sum at your death. You can decide at what age, or under what circumstances the beneficiaries will receive the funds. Note that because a testamentary trust is part of a will, the assets must go through probate.

Conservator Assessment and Supportive Services

If you would like to complete an assessment for eligibility to petition the court for conservatorship on behalf of a family member, friend, or loved one, call 1 877 267 4673 today. You may also use the contact form at the above right of this screen if you would prefer to submit your questions online or anonymously.