California Conservatorship: Reasons & Benefits

1. Conservatorship of the Person

A court will order a conservatorship of the person for someone whose health is at risk because they can't provide for their own food, shelter, and other basic needs. The benefits of this conservatorship are:

1. It provides a way for you to assist a loved one whose health is at risk but who refuses help. And,

2. The conservator can obtain medical information and communicate with health care providers to make sure your loved one receives the best medical care. This is particularly helpful if your loved one is in a nursing home or assisted living home, or needs continuous monitoring of a serious health condition.

The conservator has the legal authority to make basic personal and health-care decisions for the protected person. The conservator must act responsibly and file regular reports with the court.

If your loved one needs help but due to distance or other factors you cannot personally assume this responsibility, the court can appoint a professional conservator whose fees (which are usually high) must be paid from your loved one's assets, unless a friend or relative wants to pay them. San Diego Law Firm can help you evaluate whether a conservatorship, or one of the various legal alternatives, is best for your situation.

2. Conservatorship of the Estate

A conservatorship of the estate is ordered to protect the finances of someone who can't competently handle their own debts and income, or who can't resist unfair financial pressure from others. It is also used to permit Medi-Cal eligibility planning to help preserve the assets of a person who has entered a nursing home and is too ill to understand and consent to a Medi-Cal planning power of attorney.

A conservatorship of the estate can provide a way for you, as a family member or close friend, to help a loved one who is rapidly losing assets or piling up bills because they are unable to manage their money, or because they are being taken advantage of financially. The conservator has legal authority to make good financial decisions for the protected person and to sign checks and other financial documents. The conservator must act responsibly and file regular reports with the court.

The benefits of a conservatorship of the estate must be weighed against the cost, which can become expensive due to court hearings, filing of regular reports, and other related tasks. San Diego Law Firm can help you evaluate whether a conservatorship of the estate or one of the various legal alternatives would be best for your situation.

3. Conservatorship of the Person and Estate

A conservatorship of the person and estate may be ordered by a court to protect both the health and finances of an adult who cannot care for himself or herself. There can be a separate conservator of the person and a financial conservator, or a single responsible person can be the conservator of both.

4. Limited Conservatorship for Developmentally Disabled Adult

A limited conservatorship authorizes the conservator to be responsible for part of a developmentally disabled adult's life and finances, as specified by the court. The disabled person will retain all of their other rights, and the conservator is legally required to get treatment, services, and opportunities to help the disabled person become as independent as possible.

5. LPS Conservatorship for Serious Mental Disorders

An "LPS conservatorship" is ordered by the court under the California Welfare and Institutions Code (instead of under the Probate Code, as are the other examples above). An LPS conservatorship is for a person who is seriously disabled by a mental disorder or chronic alcoholism, and who may need to be placed in a locked facility. These conservatorships have very different rules, which are not covered on this website. If you need an LPS conservatorship for a loved one with a serious mental disorder, the attorneys at San Diego Law Firm will review the LPS conservatorship standards and requirements with you at your initial appointment.

San Diego Law Firm provides skilled, caring legal services for families and individuals considering a California conservatorship. We can:

• Help you evaluate whether a conservatorship or one of the legal alternatives would be best for your situation.

• Prepare and file the legal documents needed to petition the court for a conservatorship.

• Represent you at all court hearings related to the conservatorship.

• Advise and assist you in applying for the legally required conservator's bond.

• Prepare and file the periodic conservator's reports the court requires under conservatorship law.

• Assist you in making legal decisions for the protected person (conservatee), including Medi-Cal planning where needed to protect the conservatee's assets.

• Assist you in evaluating and handling any disputes with others over the care of the protected person and their assets.

• Refer you to other professionals, such as accountants or home health care agencies, if you need them to successfully manage the conservatorship.

• Advise you on other California conservatorship law relevant to your particular situation.

If you are considering a California conservatorship, we can help you. We are available to represent conservators, protected persons (conservatees), or interested family members. We can help you with general and limited conservatorships in Probate Court, as well as with LPS conservatorships in the Mental Health Court. Please just call San Diego Law Firm for more information or an appointment:

619-794-0243