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 for the disordered person as the “conservator.” The disabled person is known as the “conservatee”.
In California, the Lanterman-Petris-Short Act governs the involuntary treatment of the mentally ill person. The act has a goal 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 and public safety, and providing supervision, individualized treatment, and placement services for the disabled person through a conservatorship program.
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.
According to CACI 400 to succeed on the claim, the petitioner must be able to prove beyond a reasonable doubt all of the following elements:
Probate conservatorships includes:
Lanterman-Petris-Short conservatorship is issued to care for adults who have serious mental health illnesses and need special care. This type of conservatorship is generally used for people who require extensive mental health treatment and need very restrictive living arrangements. Lanterman-Petris-Short conservatorships must be started by a local government agency.
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.
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.
In California, conservatorships are protective court procedures for adults, while guardianships protect minors.
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