California Conservatorship is a court proceeding whereby an adult can obtain the legal right to make personal, financial or legal decisions for another adult. In most states, this procedure is called a guardianship. Unlike other states, in California, a guardianship refers to the procedure for minors, and a conservatorship refers to the same procedure for an adult.
There are several types of categories of conservatorship:
1. Probate Conservatorships. [Appropriate for Elderly and Developmentally Disabled persons]
Typical clients are children of parents who have become incapacitated in old age. Alzheimer's disease, dementia, and Parkinsons patients commonly are in this category of conservatorship. Developmentally Disabled Conservatorships are also referred to as Limited Conservatorships, which are commonly created for children born with debilitating diseases such as autism.
2. LPS (Mental Health- Lanterman Petris) Conservatorship. This category of Conservatorship can only be initiate by physicians and hospitals.
Both the Probate and LPS Conservatorships are divided into several sub-categories:
1. Conservatorship of the Estate.
2. Conservatorship of the Person.
3. Conservatorship of the Person and Estate.
Each county in California has a method of protecting the conservatee's interest by appointing counsel for the conservatee once a conservatorship is initiated. Los Angeles County courts require the appointment of a PVP attorney in probate conservatorships to report to the court about whethter or not a conservator should be appointed. Orange County and Ventura County courts appoint the public defender to represent the conservatee's interest.
California has changed many of the requirements for Conservators. As of July 1, 2007, all new conservators are required to create "care plans" for their subject conservatee and must file the same with the court. Additionally, for all conservatorships of the estate after July 1 2007, the requirement of accounting is annual. Further, there are strict documentation of the accounting, and procedures which must be complied with on a timely basis to keep the conservator qualified to act.
All of this has mixed an environment of stress, and additional work required of conservators, with inadequate conservator education in California. Additionally, since the fees which are payable to the conservator and his/her counsel are subject to court approval, many attorneys are now refusing to accept conservatorship cases.
Some states, such as New Mexico have more simplified conservatorship procedures. Some states require that the conservator file an accounting every 6 months, which initially requires the conservator to produce the conservatorship bank statements at a faster rate. If you are a New Mexico attorney, or a conservatorship attorney from ourside of Calfiornia, I am curious about your opinion of your state's system of conservatorship accounting procedures, if it is working well in your state.
For additional information, please contact us at MSirkin@SirkinLaw.com or see our website at http://www.SirkinLaw.com. Tel.: 818-340-4479.
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