San Jose Conservatorship Lawyer

A comprehensive estate plan designates who is to handle a person’s affairs and medical decisions should that person become incapacitated. A durable power of attorney and advance medical directive can usually accomplish this. But if a person is incapacitated before executing such documents, it may become necessary for a court to appoint one or more conservators to act on his or her behalf.

The San Jose conservatorship attorneys of Temmerman, Cilley & Kohlmann, LLP have helped numerous families throughout central California establish conservatorships for their elderly or otherwise disabled loved ones. Our conservatorship lawyers in San Jose help individuals file the necessary documents and provide the evidence necessary to have a conservator appointed by the court. A San Jose conservatorship attorney can also help appointed conservators file the necessary accountings with the court and cooperate with periodic court reviews and investigations.

The conservatorship process

The courts generally consider the creation of a conservatorship to be a last resort. Therefore, a person petitioning for the appointment of a conservator must provide clear and convincing evidence not only that the conservatee is unable to provide for his or her own physical needs or manage his or her financial resources, but also that no less restrictive alternative is available.

To begin the process, a San Jose conservatorship lawyer files a petition for the appointment of a conservator in a California superior court. That petition must contain information regarding the proposed conservator, a statement of why the conservatee is unable to handle his or her own affairs and care, information regarding the spouse and relatives of the conservatee, as well as additional information depending on the circumstances.

Once a San Jose conservatorship attorney files the petition, the court schedules a hearing. At the hearing, the petitioner must provide evidence that the grounds for establishing a conservatorship exist. The conservatee may oppose the petition, retain his or her own San Jose conservatorship lawyer or have one appointed, and may even demand a trial by jury.

The spouse or domestic partner, relatives, friends, and other interested persons may support or oppose the conservatorship petition. The court will also conduct an independent investigation, including interviews of the conservatee, petitioners, all proposed conservators, the spouse and relatives of the conservatee, and any other individuals the conservatee wants interviewed.

If after the hearing and investigation, the court is satisfied that the conditions for conservatorship exist, it will appoint a suitable conservator and grant that individual authority to manage the property and affairs of the conservatee. Conservatorships, except temporary conservatorships, continue until the death of the conservatee or until the court orders otherwise.

Experienced conservatorship attorneys in San Jose

The San Jose conservatorship lawyers of Temmerman, Cilley & Kohlmann, LLP have experience helping clients deal with the multitude of legal issues that can arise concerning incapacitated adults. Our attorneys are available to consult with clients at our San Jose estate planning law firm—located at 2502 Stevens Creek Blvd., San Jose, California 95128—or at any other convenient location. Contact our office by phone at 925-529-3999 or contact Temmerman, Cilley & Kohlmann online today.