Understanding Conservatorships in California
In California, conservatorships are legal arrangements where a court appoints an individual to manage the finances and personal care of another person who cannot do so themselves. This post explores the different types of conservatorships, their purposes, and the processes involved in establishing them.
What is a Conservatorship?
A conservatorship is a legal proceeding initiated in the county where the person needing assistance (the conservatee) resides. It allows the conservator to manage the conservatee’s finances (conservatorship of the estate) or make personal and healthcare decisions (conservatorship of the person). There are three main types of conservatorships in California: general, limited, and LPS conservatorships.
General Conservatorship
- Definition
- A general conservatorship is typically established for individuals who have lost the capacity to manage their affairs due to conditions like dementia or traumatic brain injuries.
- Purpose
- The purpose is to provide care and management for individuals who previously had the capacity to handle their own affairs but now require assistance.
- Process
- A family member or concerned party petitions the court, and if granted, the conservator gains authority to make financial and personal decisions on behalf of the conservatee.
Limited Conservatorship
- Definition
- A limited conservatorship is designed for individuals with developmental disabilities, usually established when the individual reaches adulthood.
- Purpose
- The goal is to balance providing necessary care and protection while respecting the individual’s independence and personal choices.
- Process
- Typically, parents of developmentally disabled individuals petition the court to be appointed as limited conservators once their child turns 18. This allows them to continue making decisions about living arrangements, healthcare, and other essential matters.
- Collaboration
- These conservatorships involve collaboration with regional centers and are tailored to help individuals with developmental disabilities live as independently as possible.
LPS Conservatorship (Lanterman-Petris-Short Act)
- Definition
- An LPS conservatorship is for individuals who are gravely disabled due to severe mental health disorders or chronic alcoholism.
- Purpose
- This type of conservatorship is intended to provide intensive care and supervision for individuals who cannot provide for their basic needs due to their mental health condition.
- Process
- Only the county, not family members, can initiate an LPS conservatorship. This often leaves families feeling helpless when they want to assist loved ones with severe mental health issues.
- Challenges
- These cases are particularly challenging and emotional, as they involve serious mental health diagnoses and the complexities of securing county intervention.
Conclusion
Understanding the different types of conservatorships is crucial for those considering how best to care for a loved one who cannot manage their affairs. Whether dealing with general, limited, or LPS conservatorships, the primary goal remains the same: ensuring the well-being and proper care of individuals who need assistance.
For more information or assistance with establishing a conservatorship, consult with an experienced attorney who can guide you through the legal process and help ensure that your loved one’s needs are adequately met. We’d be happy to help you, please visit our contact page.