There are several different types of
conservatorships authorized under California law. A
conservatorship is set up for adults who cannot handle their
finances or care for themselves. The conservatees are often older
people with limitations caused by aging, but they may also be for
younger people who have serious impairments due to auto accidents
or other circumstances.
A limited conservatorship may be
set up for an adult with a developmental disability who cannot
fully care for himself or his property, although not to the extent
that a general conservatorship is needed. Developmental
disabilities include mental retardation, epilepsy, cerebral palsy
and autism that began before the age of 18.
A temporary conservatorship may be
set up when a person needs immediate help. A judge may appoint a
temporary conservator of the person or the estate or both for a
specific period of time until a permanent conservator may be
appointed. A temporary conservator of the person arranges for
temporary care, protection and support of the conservatee. A
temporary conservator of the estate protects the conservator's
property from loss or damage.
A Lanterman-Petris-Short (LPS)
conservatorship may be set up to arrange for placement and mental
health treatment for a person who can not provide for their food,
clothing or shelter as a result of a mental disorder. An LPS
conservatorship is used only when the person needs mental health
treatment but cannot or will not accept it voluntarily.
A conservator of the person
arranges for the conservatee's care and protection, decides where
the conservatee will live and makes arrangements for the
conservatee's meals, clothing, health care, personal care,
housekeeping, transportation and recreation.
A conservator of the estate
manages the conservatee's finance, locates and takes control of
the conservatee's assets, collects income due to the conservatee,
makes budgets to show what the conservatee can afford, pays the
conservatee's bills, invests the conservatee's money and protects
the conservatee's assets.
Our office represents a number of
professional conservators as well as individuals who are serving
as conservators for family members.