Conservatorship in California
Establishing a conservatorship in California is often a necessary step to ensure that an individual who is unable to manage their own affairs due to physical or mental incapacity is properly cared for and protected.
At Elysium Law, we provide compassionate and experienced legal representation to help families navigate the complexities of the Conservatorship Proceedings.
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What is a Conservatorship?
A conservatorship is a legal arrangement where a court appoints an individual (the Conservator) to manage the personal care or financial affairs of another person (the Conservatee) who is unable to do so on their own. This may involve decisions about the conservatee’s health care, living arrangements, social interactions, and financial management.
Are There Different Kinds of Conservatorships?
PROBATE CONSERVATORSHIP
Probate Conservatorships are the most common type of conservatorship and are typically used for adults who can no longer care for themselves or manage their finances due to aging, illness, or disability. This becomes a more necessary tool as individuals age and experience cognitive impairment from Dementia or Alzheimer’s Disease. The Conservator has broad authority to make decisions on behalf of the Conservatee, including healthcare, living arrangements, and financial management. Probate Conservators are also typically tasked with managing social security and other welfare benefits for the individual being conserved.
LIMITED CONSERVATORSHIP
Limited Conservatorships are designed for adults with developmental disabilities who may be able to care for themselves in some areas but need assistance in others. The court grants the Conservator specific, limited powers based on the needs of the Conservatee, preserving as much independence for the Conservatee as possible. These become necessary as parents lose the ability to continue making decisions for their special needs child when they turn 18.
LPS CONSERVATORSHIP
Lanterman-Petris-Short (LPS) conservatorship is used for individuals who are gravely disabled due to mental illness or chronic alcoholism. These Conservatorships are more restrictive and typically involve the conservator making decisions about the Conservatee’s psychiatric treatment and institutionalization. An LPS Conservatorship is typically considered after the individual is subject to a 51-50 welfare hold.
Least Restrictive Alternative
Conservatorships are intended as a last effort and should only be used if there are no other alternatives to accomplishing desired goals.
ALTERNATIVES TO CONSERVATORSHIP
With proper estate planning and usage of powers of attorney and advanced health care directives, most assets will be able to be managed properly by the designated agent. However, should proper planning not have occurred before Dementia or Alzheimer’s Disease make it otherwise impossible, then the family will likely be facing the inevitable of needing to seek a conservatorship.
Contact us today for proper conservatorship attorney services in California.