Los Angeles, Ca: A California Conservatorship is a court proceeding whereby an adult can obtain the legal right to make personal, financial or legal decisions for another adult.
WHO USUALLY FILES TO OBTAIN A CONSERVATORSHIP?
- This type of proceeding is commonly brought by a child who seeks to protect his/ her elderly parent.
- In other situations, parents seek a conservatorship to care for and protect a disabled adult child.
In most states, this procedure is called a guardianship. In California, a guardianship refers to the procedure for minors, and a conservatorship refers to the same procedure for an adult. Conservatorships used to be called Guardianships in California before 1980.
There are several general types of categories of conservatorships: Person & Estate.
A. Probate Conservatorships. [Appropriate for Elderly and Developmentally Disabled persons]
Typical clients are children whose parents have become incapacitated. Alzheimer's disease, dementia, and Parkinson's, and Huntington's disease patients are in this category of conservatorship.
B. Developmentally Disabled Conservatorships are also referred to as Limited Conservatorships. This is commonly created for children born with debilitating diseases such as autism. Clients of the Regional Center in California are children who turn 18 and who need conservatorships.
C. LPS (Mental Health- Lanterman Petris) Conservatorship. This category of Conservatorship can only be initiated by the public guardian and hospitals. Ask us for help on how to get these established.
All 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 when a conservatorship is initiated. Los Angeles County courts require the appointment of a PVP attorney in probate conservatorships. Orange County and Ventura County courts appoint the public defender to represent the conservatee's interest. In LPS Conservatorships, the public defender represents the Conservatee.
California has changed many 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. Further, there are strict required documentation for each conservatorship accounting which must be complied with on a timely basis to keep the conservator qualified to act.
All of this has created an environment of stress, and additional work required of conservators, with inadequate conservator education in California.
For additional information, please contact us at [email protected] or for more information, see
Los Angeles Conservatorship Attorney. Tel.: 818-340-4479.
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