Jolie-Pitt and Custody In A Divorce

Still from "War of the Roses" With so much advice coming from all different directions — friends, family, lawyers, blogs — stress and confusion can keep you from making the most rational, logical decisions when going through a divorce. Sometimes it’s best to get out of your own head for a few hours, so we’ve compiled a few movies that might help put your current situation into perspective. The War of the Roses This film by Danny DeVito may not be the most obvious choice, but the fantastically dark tale of a couple (Michael Douglas and Kathleen Turner) who turn their lives upside down just to spite the other offers a meditation on what not to do when going through a contentious divorce. Although DeVito (who also plays a divorce attorney) tries to convince his client to work through their issues with his wife by telling him the story of the Roses, no one should stay with someone they don’t trust or respect. So, if reconciliation is not an option, remember that strong communication and a willingness to compromise is key to a smooth, stress-free divorce. Mrs. Doubtfire Robin Williams portrays a man who goes to extreme lengths to spend time with his kids after separating from his wife in this Oscar-winning film. On the surface, dressing up as an old British woman may seem borderline psychotic, but deep down, it’s merely the desperation of a man willing to change everything if it means becoming a better father (and a better man). In most cases, each parent loves their child equally, so keeping one parent from being a part of their children’s lives can hurt both the child and parent. Of course, not all parents deserve to raise their children, but before making any rash decisions, take a step back and be open to making a reasonable decision based on how willing the other parent is at changing their life. Kramer vs. Kramer Another Oscar-winning film that deals with the parent-child relationship, this film focuses most of its energy on custody. Meryl Streep plays a woman who leaves her husband (Dustin Hoffman) and child (Justin Henry), then returns months later to reclaim custody after the two men have formed a deep bond. Your job as a parent is to make the divorce process as stress free as possible. When pettiness rears its ugly head and you tear down your spouse for personal gain, it can have lasting negative effects on a child. Also keep in mind that fathers also have rights that should be taken into account when deciding on custody. The moral of all these films is to remove hatred, fear, resentment and pettiness from the equation when dealing with divorce and work together to compromise efficiently and see the situation from the other point of view. In this way, you’re able to move through the process with ease and make everyone feel they’ve been heard and are happy with the outcome.

Screenshot Even though you can legally take on the responsibilities of a loved one’s financial and medical decisions when they become unable to do so themselves, being a conservator isn’t to be taken lightly. It’s not just about signing a document; that’s just the beginning. There are many ongoing obligations of a conservator of an aging adult that must be considered before agreeing. Obligation #1: Managing The Conservatee’s Personal Care (Acting in Their Best Interest) You don’t just step into the role of conservator; you must do so with the respect to the conservatee’s dignity. Following California Probate Codes governing fiduciary duties, a conservator must make sure the rights of the conservatee are protected. This includes taking into consideration their wants and needs before making any decisions, respecting their ability to receive visitors, and acknowledging any request for terminating the conservatorship. You also must be aware that once a judge signs off on the letters of conservatorship (which detail what you are allowed to do as conservator), you can be held personally liable if found negligent or going against the conservatee’s best interest. Obligation #2: Keep Detailed Records of All Actions and File Annually with the Court As a conservator, you must maintain meticulous accounting regarding changes to income and expenses, and the health and living situation of the conservatee. After filing an initial appraisal of all assets, the court will appoint someone to conduct periodic reviews, usually every two years after the first twelve-month initial review. Conservator’s must also attend all court hearings and court-offered trainings, keep their contact information up-to-date, and cooperate with investigators. Failing to meet these requirements may be cause for intervention or removal as conservator. Obligation #3: If Conservator of the Estate, Manage Finances As a conservator of the estate, there are many requirements that must be met beyond simply managing finances. First, you must file a surety bond with the court (unless ordered otherwise). Second, you must track all expenses, maintain all necessary insurance (such as life insurance), and properly file all federal and state taxes. Finally, it’s always a good idea to open a separate conservatorship checking account. This way, you have a better gauge on the conservatee’s finances, can keep from comingling your money with theirs, and know when it’s necessary to borrow money on their behalf. Obligation #4: If Conservator of the Person, Make Healthcare Decisions. As a conservator of the person, you have the authority to approve medical treatment and manage caregivers. However, according to the Lanterman-Petris-Short Act, you must attend separate court hearings to place a conservatee in a psychiatric hospital, force feed them medications, or sterilize them. You must also provide copies of your letters of conservatorship to any hospital or care facility that request proof of conservatorship. These legally complex obligations can become emotionally draining, which is why it’s best to have an experienced attorney on your side. Check out our guide to Navigating Conservatorship for Aging Adults and then give King Law Firm Attorneys at Law, Inc. a call.

In most states, the terms “Guardianship” and “Conservatorship” are one and the same; interchangeable. California, however, has a very clear distinction between the two. A guardian is someone who takes care of a child under the age of 18 when the child’s parents are deceased or incapable of properly caring for the child. A conservator, on the other hand, is someone who must take care of certain aspects of a child’s life once they turn 18 (or become a legal adult) because they are developmentally disabled. Developmental Disability Being developmentally disabled means the individual has been diagnosed with an ongoing disability (i.e. autism, cerebral palsy, or epilepsy) prior to turning 18. Some disabilities excluded as reasons for setting up a conservatorship include brain trauma, depression, and anxiety disorders. Types of Conservatorships There are two types of conservatorships: general and limited. A general conservatorship strips the disabled person of all individual autonomy. Basically, it eliminates their civil and legal rights, removing their ability to make decisions on everything from finances, healthcare, and education. In a limited conservatorship, the developmentally disabled individual retains most of their civil and legal rights. Instead, the court appointed conservator may only have control over specific aspects of the person’s life, which may include the individual’s living arrangements, ability to access confidential records and enter into contracts, social and sexual relationships (including marriage), healthcare, and education. The Dangers of Conservatorship The goal of a conservatorship is always to appoint a trustworthy, responsible person as conservator. However, because anyone over the age of 18 can become a conservator, this isn’t always the case. Half of all conservators in the U.S. are strangers, usually someone from the California Department of Developmental Services or a paid professional. Also, if a conservator dies, the judge will select a new conservator regardless of who the deceased conservator may have wanted to succeed them. Because of this, conservators may easily take advantage of the conservatee, whether financially, emotionally, or physically. Though there are safeguards when it comes to finances, many people still find ways to exploit the conservatee for financial gain. Conservatorships also do not protect against sexual or physical abuse, nor do they offer protection if a conservatee is arrested. Minor Conservatorships Though conservatorships in California are generally meant for adults, there are a few exceptions. When both biological parents die, a guardian will be appointed to care for the child’s health, education, and general well-being, but a conservator may be appointed to care for the minor’s financial estate, especially if they receive certain assets and property as part of a will or trust. A conservator may also be setup for a minor if the child needs specialized care the parents are unable to provide. With all of this in mind, conservatorship should always be a last resort. Setting up a power of attorney or hiring an advocate for decision-making may be better options for your specific circumstances. Call King Law Firm Attorneys at Law, Inc. to discuss your options.