Murrieta Conservatorship

Murrieta Conservatorship and Asset Attorney

Here at Lockhart Law Firm, our founding attorney, Samuel Lockhart, and his carefully chosen team ensure that the people of Murrieta have access to a full range of legal services and quality counsel. A Murrieta conservatorship and asset attorney from our firm can help you understand the concept of conservatorships in California, including how they work, what they cost to set up, and the significant challenges faced by those who wish to either establish or end them.

Understanding Conservatorships

A conservatorship is a special type of legal arrangement where a responsible adult approved by the court (called the conservator) is appointed to manage the personal care and/or financial affairs of another individual (the conservatee) who has been deemed unfit to handle these aspects of their lives on their own.

A conservatorship may be put in place due to a number of different factors, such as:

• Physical health/disability
• Mental state or intellectual capacity
• Other issues that limit an adult’s capacity to make consequential decisions or care for themselves

When trying to comprehend the idea of a court-ordered limitation of an adult citizen’s basic freedoms, it can be helpful to think of a conservatorship in relation to other, more common situations, such as guardianships. Both are concerned with some of these same basic aspects of care and financial responsibility for another person, and both are ordered by the court in the interests of the person who will be receiving such care and/or financial management services.

While a guardianship is typically focused on the well-being of a minor child whose parent is unable to care for them, conservatorships are generally concerned with adults who cannot care for themselves or manage their own affairs appropriately.

Public Perception of Conservatorships

Conservatorships have recently been thrust into the media spotlight thanks to high-profile cases, like that of pop icon Britney Spears. Spears was subject to an involuntary conservatorship starting in 2008, though it would not be covered extensively in the media again until the period leading up to its being rescinded in November 2021.

This story sparked global debates about the potential for misuse of conservatorships and similar legal tools. This heightened public interest (and some of the gossip that can go with it) underscores the importance of education, and of understanding how these powerful legal instruments work, their important benefits, and, yes, their potential issues and drawbacks as well.

How Much Does a Conservatorship Cost in California?

There are a few ways to approach this important question. For court filing fees, your out-of-pocket costs may be as low as $60 to file temporary letters of conservatorship in California or up to a few hundred dollars to file a petition for other types of cases. This does not factor in the cost of adequate legal counsel, however.

Conservatorships can become the topic of complex and emotionally charged court proceedings. The more complex your case becomes, the more likely you will want an experienced and knowledgeable family law attorney from Lockhart Law Firm on your side as you proceed through your conservatorship case. Whatever your individual role in the proceedings may be, solid legal counsel can help protect your rights and steer the case toward an outcome that works for you and your loved ones.

Attorney Fees in a Conservatorship Case

As with most types of legal processes, the total attorney fees for a conservatorship can vary quite a bit depending on several factors, such as:

• The complexity of your case and the amount of time spent in court
• The type of conservatorship being set up/the nature of the case
• The market for legal services in your local area
• Your attorney’s experience, skill, and reputation
• Your attorney’s billing policies
• Other costs related to your case, such as hiring expert witnesses

At Lockhart Law Firm, we know that every penny counts, especially if you’re already engaged in a legal battle for your own assets. We understand the importance of delivering legal services that are not just high in quality, but also fairly priced and totally transparent in costs and billing procedures. When you choose to work with Lockhart Law Firm, you can be confident in knowing that you’ve chosen a legal partner who can work with your situation and needs.

Because of all the variables involved, there is no simple answer for what it will cost to get a conservatorship ordered by a judge. You should plan to have a frank conversation with your attorney about your budget for legal services as part of your initial consultation. This can ensure that you can afford your attorney through your case.

At Lockhart Law Firm, we pride ourselves on fair pricing and transparent billing policies. We want our clients to feel confident and supported while we work tirelessly to achieve the ideal outcome for their cases.

How Do I Get a Conservatorship Over Someone in California?

Establishing a conservatorship in California essentially means that you are petitioning a court to take away someone’s fundamental rights: the right to manage their own finances and/or make decisions about their own life. That’s an extremely serious proposition in a country founded on freedom and equality. For that reason, the establishment of a conservatorship in California is subject to a rigorous legal process that ensures the well-being of the proposed conservatee (and not ulterior motives) remains at the center of the process.

While each situation is unique, here is a basic outline of the process:

1. Document Preparation and Filing – Documents must be prepared and filed with the appropriate California court to formally request a conservatorship and begin the process.
2. Notification – Family members, such as parents or children of the proposed conservatee, will be informed about the initiation of the conservatorship case.
3. Investigation – A state-appointed investigator will be assigned to evaluate the merits of the proposed conservatorship and determine whether there is a valid need for it. Their investigation will include interviews with the proposed conservatee and other relevant parties.
4. Court Hearings – The case is then heard in California’s family court system, where the judge will review all relevant documents, statements, and evidence, along with the investigator’s official findings. The parties involved (or their legal counsel) may be given the opportunity to make supporting statements. The judge must then determine whether the conservatorship is necessary.
5. Appointment – If a conservatorship is ordered by the judge, the final step is to officially appoint a conservator to manage the conservatee’s affairs.

It can prove extremely helpful to have skilled and reputable legal counsel at your side during any step in this process. A lawyer from Lockhart Law Firm can guide you through each step of this process seamlessly and help you overcome any surprises or challenges along the way.

Why Are Conservatorships So Hard to End?

Conservatorships are designed to support and protect individuals who cannot adequately care for themselves or their estates. Due to the delicate nature of this special type of adult guardianship, the court takes extreme caution to ensure that those under conservatorship are not taken advantage of. Likewise, once a conservatorship has been deemed to be in the conservatee’s interests, it can be a very difficult and lengthy process to end it when circumstances change.

Here are some concepts to consider:

• Protecting the Vulnerable – Ending a conservatorship requires the court to be convinced that the conservatee can handle their own affairs now and that they no longer represent a danger to themselves or others if left to their own devices.
• Repeating the Legal Process – Just like establishing a conservatorship, ending it requires the meticulous preparation and filing of documents, the notification of involved family members, and more investigations, evaluations, and hearings. This process will take time, just as it did the first time around.
• Relapse Concerns – Even when a conservatee shows notable signs of improvement, there may be a concern that, without the conservator’s continued support, they might regress or be faced with challenges that they are not equipped to overcome alone.

Conservatorships can sometimes feel almost like an adoption process, where the custody and well-being of an individual who cannot provide for themselves adequately are at the center of a formal legal process. Working with an attorney experienced in family law matters can be instrumental in guiding these complex and emotionally sensitive cases to positive outcomes for families and individuals in Murrieta, CA.

Lockhart Law Firm: Your Trusted Murrieta, CA, Conservatorship Attorneys

Whether you are involved in a conservatorship case, seeking guidance when forming your own business, or navigating the world of commercial real estate, Lockhart Law Firm can help you in Murrieta, CA, and all surrounding areas. Our dedicated team, led by highly regarded founding attorney Samuel Lockhart, takes pride in representing the people and businesses of Murrieta when they face legal challenges.

If you find yourself in need of powerful legal counsel related to conservatorships or any of our other practice areas, don’t hesitate to contact a member of our team today. Your family, your business, your future, and your rights are our priorities.