California law provides for one person to take over the decision-making role for another person when he or she needs protection — often from him or herself. Well-meaning family members may believe that a loved one needs their intervention, but that may not be the case. In the alternative, someone may need protection from the person the court appointed to provide much-needed assistance.
It is important to know that it is possible to challenge the conservatorship or the appointment of a particular conservator. Not knowing your rights and where to begin could provide the most significant roadblock to doing so. Below are some answers to commonly asked questions regarding conservatorship problems.
Common issues with conservatorships
The following list highlights common issues that arise when it comes to conservatorships:
- You may not feel as though you need to be subject to a conservatorship. If you remain able to pay your bills, take care of your daily needs (such as food, shelter and hygiene) and otherwise take care of your financial affairs without assistance, you may provide the court with the appropriate evidence. The court will not order a conservatorship just because another person says you need one. Proof is generally needed, and if you can refute that person’s contentions, you may want to do so.
- If you are under a conservatorship but don’t believe your conservator is serving your best interests, feel free to let the court know. Your complaints may even necessitate the removal of that person, which is also possible. You may agree that you need the conservatorship but disagree with the court’s appointment.
- You may not feel that you should remain under a conservatorship any longer. If you can provide the court with proof that you can resume providing for your own needs and handling your financial affairs, the court may terminate the conservatorship.
- If your loved one is under a conservatorship, but you want to replace the current conservator with someone else, including perhaps yourself, you will need to show the court that doing so would be best for your loved one.
The courts understand the gravity of taking away an individual’s autonomy and strive to make the best-informed decisions possible. If you have information that affects the court’s decision, you may not want to hesitate to do so. The process can be complicated, and presenting the appropriate evidence may require the use of experienced legal resources.