A conservatorship gives a person or entity the legal right to manage the property of an adult who is incapacitated or disabled. There are specific circumstances under which a conservatorship can be terminated through filing a petition with the court. However, terminating a conservatorship can be a complicated legal process. If you or someone you love needs to terminate a conservatorship, be sure you understand the process and consult an experienced San Jose elder lawyer.
When Can a Conservatorship Be Terminated?
In cases of a conservatorship for an incapacitated or disabled person, the conservatorship may be terminated when the protected person passes away or is deemed to be competent to manage their own affairs. In some cases, a protected person or their family may want to terminate a conservatorship in order to appoint a new conservator. A conservatorship is a legal arrangement, and therefore, only a court has the right to terminate it.
What Is the Process for Termination?
Terminating a conservatorship requires that you prepare and submit a petition to terminate the conservatorship to your county court. You will then be required to attend the court on a specific date to have your case heard. The court works to look after the best interests of the protected person. Because of this, the termination will only be granted if it’s proven through evidence that the protected person is able to make sound decisions about their finances and healthcare or that there is good reason to remove or replace the conservator.
A conservatorship is a complicated legal arrangement and terminating one can also be complicated since the courts need to protect the wellbeing of those involved. An experienced San Jose elder lawyer can help you prepare and submit your petition and provide legal representation during the associated court proceedings. In the event that your petition is denied, they can also guide you through your options for appealing the decision.
What Are the Alternatives to Conservatorship?
A conservatorship gives a conservator complete decision-making authority over a person’s estate. In some cases, this arrangement can be too restrictive, and there are instances where alternative options should be considered. Although an elderly person may not be completely capable of making sound financial and healthcare decisions for themselves, they may have the mental capacity to utilize a power of attorney arrangement and execute estate planning documents. In this type of arrangement, a trustee is appointed to manage the protected person’s finances while still keeping the protected person involved in decisions regarding their estate.
How an Attorney Can Help
Terminating a conservatorship can be a complicated legal process, particularly if you need to prove that the protected person no longer requires a conservator to manage their property. An experienced and compassionate lawyer will take the time to learn about the specifics of your case. Our attorneys can also help you understand your options for terminating a conservatorship and setting up a new arrangement, if necessary. If you need assistance, we invite you to schedule an appointment at our San Jose law firm or one of our other offices located throughout the state of California by calling (800) 244-8814.