Conservatorship California Law With Dementia
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FAQ
Do you need a conservatorship? Conservatorships usually begin with elderly adults with dementia or Alzheimer's disease who no longer have the power or capacity to take care of themselves. Often times a doctor or multiple doctors need to evaluate the individual and determine their capacity level.
As the person moves through the stages of the disease, his ability to make decisions diminishes. However, it is important to note that his legal capacity to make decisions for himself is not automatically taken away at the time of diagnosis.
As long as the person living with dementia has legal capacity (the ability to understand and appreciate the consequences of his or her actions) he or she should take part in legal planning.
How to Get Guardianship of a Parent with Dementia File legal forms for guardianship. Tell your loved one and other family members of the petition for guardianship. Submit a physicians statement for guardianship. Pass the court's procedures/assessments. Be awarded guardianship.
Legally incapable of making decisions by completing form GC-335, an official court document called a Capacity Declaration. Once this is submitted to the court, it must be confirmed by a judge. Conservatorship is a long, difficult process that requires an attorney's guidance, at the very least.