conservatorships in general
Conservatorship is a legal arrangement in which a court appoints a responsible person or organization (the conservator) to care for another person (the conservatee) who is unable to care for themselves or manage their own finances. This arrangement is often used for elderly individuals with dementia, individuals with developmental disabilities, and those with severe mental illness; however, conservatorships for mentally ill people (LPS conservatorships or Lanterman Petris Short conservatorships) are not discussed in depth in this article.
In California, most conservatorships, also known as probate conservatorships, (excluding LPS conservatorships) are governed by the Probate Code, which outlines the legal requirements and procedures for establishing and terminating a conservatorship. Here’s what you need to know about conservatorships in California:
types of conservatorships
- Conservatorship of the Person – This type of conservatorship involves the court appointing a conservator to make decisions regarding the conservatee’s personal care, such as where they will live, what medical treatment they will receive, and who will visit them. The conservator is responsible for ensuring that the conservatee’s basic needs are met.
- Conservatorship of the Estate – This type of conservatorship involves the court appointing a conservator to manage the conservatee’s financial affairs. The conservator is responsible for managing the conservatee’s assets, paying bills, and making financial decisions on behalf of the conservatee.
- LPS Conservatorship – manages the personal care and/or the financial affairs of a mentally ill person
establishing a conservatorship
To establish a conservatorship in California, a petition must be filed with the court. The petition must include information about the conservatee’s condition and why a conservatorship is necessary. The court will then appoint a court investigator to conduct an investigation and report back to the court. The court will also appoint an attorney to represent the conservatee.
If the court determines that a conservatorship is necessary, a hearing will be held to determine who will be appointed as conservator. The court will consider the conservatee’s wishes, if they are able to express them, as well as the opinions of the conservatee’s family members and healthcare providers.
terminating a conservatorship
A conservatorship in California can be terminated if the conservatee’s condition improves and they are able to manage their own affairs. The conservatee, or their family members, can petition the court to terminate the conservatorship. The court will appoint a court investigator to investigate and report back to the court. If the court determines that the conservatee is able to manage their own affairs, the conservatorship will be terminated.
In addition, a conservatorship can be terminated if the conservator is found to be neglecting their duties or abusing their authority. The conservatee, or their family members, can petition the court to remove the conservator and appoint a new one.
conclusion
Conservatorships can provide much-needed protection and support for individuals who are unable to care for themselves or manage their own finances. However, they can also be controversial, as they involve taking away an individual’s rights and autonomy. It is important to carefully consider the necessity of a conservatorship and to ensure that the conservatee’s wishes are respected throughout the process.
If you are considering establishing a conservatorship in California, or if you are concerned about the welfare of a loved one who may be in need of a conservatorship, it is important to consult with an experienced attorney who can guide you through the process and ensure that your rights are protected. Contact me to discuss your options using any of the methods shown below.
