Conservatorship in California

Conservatorship is a legal process where a court appoints a responsible person or entity to care for an adult who is deemed unable to care for themselves or manage their own finances. It’s a significant undertaking with far-reaching implications for the individual under conservatorship, their family, and the appointed conservator. In California, conservatorship laws are there to strike a delicate balance between protecting vulnerable individuals and preserving their autonomy. At KAASS LAW, we understand the complexities and sensitivities surrounding conservatorships. The following will provide a comprehensive overview of conservatorship in California, exploring the different types, the process involved, and the rights and responsibilities of all parties.

Conservatorship is a court proceeding when a judge assigns an entity or individual to manage the financial affairs and exercise the legal rights of a mentally ill person.

The court refers to the person managing the legal rights and finances of the disordered person as the “conservator.”  The disabled person is the “conservatee.”

Who Can Become a Conservator in California?

Usually, a conservator is a spouse, child, domestic partner, relative, friend, or neighbor of a disabled person. Although conservatorship law prefers a family member of the conservatee, in some cases the court can appoint professional conservators, government, or non-profits agencies.

Essential Factual Elements of Conservatorship

According to CACI 400, to succeed in the claim, the petitioner must be able to prove beyond a reasonable doubt all of the following elements:

• The respondent has a mental disorder or is impaired by chronic alcoholism
• The respondent is gravely disabled as a result of a mental disorder or chronic alcoholism
• The respondent is unable or unwilling or unable voluntarily to accept meaningful treatment.

Types of Conservatorship

Probate Conservatorships

Probate conservatorships include:

• General Conservatorships: This is a conservatorship of adults who aren’t able to take care of themselves or their finances. Usually, these conservatees are elderly people, but there also can be younger people who have been seriously impaired, for example, in a car accident.
• Limited Conservatorships. These conservatorships are for adults with developmental disabilities who are not able to fully care for themselves or their finances. This type of conservatorship doesn’t need a higher level of care than in the case of general conservatorships.

Lanterman-Petris-Short Conservatorships

In California, the Lanterman-Petris-Short Act governs the involuntary treatment of the mentally ill person. The act has a goal of ending the indefinite and inappropriate commitment of the mentally ill, providing adequate evaluation and treatment to a person with serious mental disorders, protecting and guaranteeing public safety, and providing supervision, individualized treatment, and placement services for the disabled person through a conservatorship program. Lanterman-Petris-Short conservatorship is to care for adults who have serious mental health illnesses and need special care. This type of conservatorship is generally is for people who require extensive mental health treatment and very restrictive living arrangements. Lanterman-Petris-Short conservatorships must start by a local government agency.

Duties of Conservatorship

Conservators have multiple duties to perform for taking care of the conservatee’s needs and here is the list of some duties a conservator may perform.

• Assessing the status of real estate and personal property
• Filing yearly plans for the conservatee’s care
• Planning appropriate care for the conservatee and getting an appropriate residence for him
• Paying outstanding bills and filing income tax returns for the conservatee
• Filing an inventory of the assets

How Are Conservatorships Terminated?

Typically, termination of the conservatorship happens when the conservatee passes away. In case the conservatee doesn’t meet the standards for having a conservator, a court can cancel the appointment. Additionally, the conservatee can petition a court with the assistance of a conservatorship lawyer in case he believes he has strong evidence that he is better off without that care.

Conservatorship Versus Guardianship

In California, conservatorships are protective court procedures for adults, while guardianships protect minors.

KAASS LAW: Guiding You Through Conservatorship

Conservatorships are complex legal proceedings with significant implications for everyone. Whether you’re considering establishing a conservatorship, challenging an existing one, or seeking guidance as a conservator, it’s essential to have experienced legal counsel. At KAASS LAW, we can help you:

• Understand the different types of conservatorships and the process involved.
• Prepare and file the necessary court documents.
• Represent you in court hearings.
• Advise you on your rights and responsibilities as a conservator or conservatee.
• Explore alternatives to conservatorship.
• Ensure the conservatorship manages in accordance with the law and the best interests of the conservatee.

Navigating Conservatorship with Compassion and Expertise

At KAASS LAW, we approach conservatorship matters with compassion and sensitivity, recognizing the significant impact they have on individuals and families. We are dedicated to providing personalized legal guidance and support, helping you navigate the complexities of conservatorship and achieve the best possible outcome for all involved. If you have questions about conservatorship or need legal assistance with a conservatorship matter, contact us today for a free consultation.