Divorce and How a Conservatorship Applies

At the Law office of David P Schwarz we have handled many Divorce and conservatorship cases whereby during a divorce proceeding or without one a Conservatorship is needed. Please contact our Orange County office at 949 735 9266 or via the web. Please contact us also by email dpslaw66@gmail.com.

A Divorce lawyer will assist you in filing a petition for conservatorship when it is necessary to take control of another person’s life and assets. The petition shall request that a conservator be appointed for the person or estate, or both and shall specify the name, address, and telephone number of the proposed conservator and the name, address, and telephone number of the proposed conservatee.

A Divorce attorney will also provide when they file the Petition for conservatorship the reasons why a spouse or another party needs to take over the day to day decisions of another person life. The petitioner or proposed conservator shall also file supplemental information as to why the appointment of a conservator is required.

The probate court will need the supplemental information that will be submitted in a brief statement of facts a which will address the criteria needed to grant an order appointing the spouse as the potential conservator of the other spouse.

The first reason a conservator will be appointed occurs when the conservatee is unable to properly provide for his or her needs for physical health, food, clothing, and shelter. This is a common reason the conservatorship is often granted by the probate court. For whatever reason a spouse can come down with a life debilitating condition that warrants a conservatorship.

At the Law Office of David P Schwarz we have fought for many conservators to succeed in getting a conservatorship in Orange County probate court. A major factor the probate court looks at is the location of the proposed conservatee's residence and the ability of the proposed conservatee to live in the residence while under conservatorship. This is why spouses are often great conservators. If their spouse needs a conservator because of some problem that has arisen the spouse is always the best option.

A Divorce lawyer will explain to the Court that there are limited alternatives to a conservatorship and therefore the only solution is to appoint the petitioner.

Finally and sometimes most importantly the court will look at the inability of the proposed conservatee to substantially manage his or her own financial resources, or to resist fraud or undue influence.

The Petitioner shall be set forth the above facts by declarations or affidavits. Other people who have who have knowledge of conservatee’s condition can write a declaration as well.

At the Law office of David P Schwarz we have filed many Orange County conservatorship petitions and will assist any potential client in achieving a much needed conservatorship over a spouse if necessary. Please contact the our law office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.