Key Points to know about Conservatorship in Los Angeles & San Fernando Valley

Living in Los Angeles can mean that you may become a caregiver for your elderly San Fernando Valley parent who needs a conservatorship or asset protection.  You may wonder if as a child, you owe any duty to your parent in California.

Consider the following points:

  1.  If you have started to act as your parent’s caregiver, you will be expected to act with competence.
  2.  Your parent may have greater expectations from you, than from a professional care agency.
  3.  Your siblings may think that you are inserting yourself in your parent’s life.
  4.  If you personally sign any paperwork at a facility, you may have obligated yourself to pay for your parent’s care.
  5.  If you fail to conserve your parent, are you acting negligent?
  6.  How far will informal help go with your parents.

There are some limited circumstances where the law requires an adult child to pay support for the parent, but if you become a conservator of your parent the care for your parent is paid from his or her own assets.

 

California even has a Family Code 4400 which codified that an adult child may be required to pay for the care of the parent.

“Except as otherwise provided by law, an adult child shall, to the extent of his or her ability, support a parent who is in need and unable to maintain himself or herself by work.”

 

Family Code 4401 . The promise of an adult child to pay for necessaries previously furnished to a parent described in Section 4400 is binding.

Further, Family Code 4402 states: The duty of support under this part is cumulative and not in substitution for any other duty.

By becoming the conservator of your parent with a Los Angeles and San Fernando Valley Conservatorship, you can protect yourself in that under a conservatorship, the care of your parent will be paid for from his or her own assets.   Call us to consult about your rights and duties as a child and as a conservator. Call 818.340.4479