A conservatorship is a court proceeding in which an individual or organization is appointed to oversee the personal care and or financial matters of an adult physically or mentally unable to handle either or both alone. The individual or organization appointed by the court to provide the physical and or financial care is called the “conservator.” The individual who cannot care for him or herself is called the conservatee.
A conservatorship may be needed when a friend or family members is:
- Suffering from a severe physical illness
- Suffering from mental illness
- Recovering from a serious accident
- Declining physically and or mentally as a result of aging
- Developmentally disabled
There are three types of conservatorships.
- A General Probate Conservatorship is for all adults who are unable to provide for their personal needs due to conditions rendering them incapable of caring for themselves or making them subject to undue influence.
- A Limited Probate Conservatorship applies when the conservatee is developmentally disabled. In this type of conservatorship, the powers of the conservator are limited so that the disabled person may live as independently as possible.
- A Lanterman-Petris-Short (LPS) Conservatorship is a special conservatorship for persons who suffer from a mental disorder or chronic alcoholism and may be a danger to themselves or others. Since the conservatee in an LPS conservatorship may be placed in a locked facility, there are special protections to ensure that the conservatee's civil rights are protected. These cases are confidential.
We understand the struggle of dealing with the incapacity of an adult. We provide our experience to guide clients through the very technical process.