Protecting Your Loved Ones During Incapacity
Is a loved one showing signs of memory loss or confusion? Has a parent or friend been making poor choices that affect their financial or personal well-being? Is court intervention needed?
Conservatorships are court-supervised proceedings that help protect those who are unable to protect themselves due to incapacity and vulnerability. The paperwork and process to establish and maintain a conservatorship case can be daunting and confusing. This tedious and form-intensive process is plagued with delays and expense if you try to manage it on your own.
The staff at the Gostanian Law Group is experienced in handling conservatorship appointments for both the financial management of and personal care decisions for incapacitated adults in California. We streamline the process, working to ensure that everything proceeds as efficiently as possible to avoid delays and reduce legal costs.
Conservatorships For The Person And Estates
- Estate conservatorships: Is a family member being taken advantage of by a loved one or neighbor? Do they need assistance with money management or paying bills? A conservator of the estate can manage the financial affairs of someone who needs help.
- Person conservatorships: If a loved one becomes incapacitated, who will manage their health care? Who will make important decisions about medications, hospital visits, where they live and other life care needs? A conservator of the person is designated to make medical decisions on behalf of someone who is unable to do so.
- Avoiding potential conservatorships: Not every instance of incapacity requires a conservatorship. We will identify those cases where this lengthy and expensive process may be avoided and what alternatives are available.
Disputed Conservatorship Appointments
The potential incapacity of a loved one can be more difficult when there are competing family members seeking appointment as conservator. Even more so when there are also claims of financial abuse of an elder or breach of fiduciary duty as a power of attorney for the elder or as the trustee of the elder’s trust. The lawyers of Gostanian Law Group are experienced in disputed conservatorship appointment litigation and resolving these challenging family conflicts.
Financial Abuse Of Elders
Financial abuse of an elder is sadly a growing phenomenon. The National Council on Aging reports that one in 10 Americans over the age of 60 have experienced some form of elder abuse. Two-thirds of perpetrators are adult children or spouses, although abusers can often take the form of a neighbor, friend or caregiver.
The abuser slowly takes control of the elder’s finances. In the worst scenarios, the abuser facilitates changes to the elder’s estate planning documents or adds themselves on the title to assets.
Undue Influence
Documents signed by an elder or dependent adult can be set aside if they were procured by fraud, deceit or undue influence. The California Welfare and Institutions Code defines undue influence as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.” Proving undue influence is not straightforward. It requires expert testimony, analysis of medical records and a tenacious pursuit of the evidence required to meet the challenging party’s burden of proof.
The Gostanian Law Group zealously represents both elders and loved ones who want to protect the elder’s wealth and legacy from undue influence, financial elder abuse and fraud. Our experienced litigation team has successfully helped hundreds of clients protect their loved ones and can help give you an advantage in this difficult fight.
For Conservatorships And Financial Elder Abuse Issues, Contact Us
For experienced and compassionate representation, email us or call us at 866-330-0578 to set up a free, 30-minute initial consultation at our Newport Beach offices.