A conservatorship is a document that permits a person to assume legal guardianship over an adult. Typically, adults may need a guardian if they face financial or medical needs that they cannot or will not meet themselves. Upon the execution of a conservatorship, you, the conservator, possess authority over the conservatee’s medical and financial well-being. There are several types of conservatorships. Consider which may fit your needs before pursuing this life-changing responsibility.
Types of Conservatorships
There are two main types of conservatorships. According to California Courts, the two main types are:
- Probate Conservatorship
- Lanterman-Petris-Short (LPS) Conservatorship
Depending on the laws in the California Probate Code, conservatorships can be classified as general or limited. A General Conservatorship applies when an adult can no longer take care of their finances or themselves. Limited Conservatorships apply when an adult possesses a developmental disability and cannot fully take care of themselves. In emergencies, the court may grant a Temporary Conservatorship which allows the guardian to arrange immediate care for another adult.
Finally, the court reserves LPS Conservatorships for adults with serious mental health conditions which require care. Only people who require extremely strict attention or strict mental health treatment qualify for an LPS Conservatorship.
How to get A Conservatorship
If you decide that a conservatorship is the best course of action, you must file the appropriate paperwork to your local state probate or family court. The court only grants conservatorships when they determine an adult is mentally incapacitated. Conservatorships will not be granted on the basis of physical incapacitation.
Furthermore, these cases require the appropriate medical paperwork before granting a conservatorship. Ensure you have all the correct documents from your loved one’s doctors or psychiatrists before you file to streamline the process.
ProSe Legal is Here to Help with Conservatorship Filings
If you are unsure about any aspect of the conservatorship process or need an extra hand completing or filing your paperwork, ProSe Legal can help! Our experienced LDAs will help you with any questions you may have about the probate, estate planning, or conservatorship process.
today or call (909) 497-1349 to schedule your appointment with an experienced LDA today!
