David L. Weissman - Sac. Cnty LDA Reg.#2019-01

CONSERVATORSHIPS (LIMITED/FULL) & GUARDIANSHIP

CONSERVATORSHIPS  guardianship

A conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.

TYPES OF PROBATE CONSERVATORSHIPS

There are three (3) primary types of conservatorships depending on the needs of the conservatee. These conservatorships are based on laws set forth within the California Probate Code.

Conservatorships are complicated processes that have many moving parts. Notice to many individuals and agencies are necessary. Medical and/or Psychiatric Doctors specializing in dementia treatment or developmental disabilities must complete forms to submit for the courts evaluation.

We can help your prepare conservatorship documents in Sacramento and establish conservatorship for adults with developmental disabilities.

An investiagator will be assigned by the court to evaluate the proposed conservatee’s living conditions, needs, limitations, etc….which will culminate into a report provided to the court. A court appointed attorney may be assigned to represent the proposed conservatees best interests.

LegalDoc-Prep assists families and individuals with the two (2) types of probate conservatorships listed below;

1. General Conservatorships — Conservatorships of adults who cannot take care of themselves or their finances. These conservatees are often elderly people that are facing physical and/or dementia challenges, but can also be younger people who have suffered serious physical or cognitive impairmentas a result of a car accident, for example.

2. Limited Conservatorships — Conservatorships of adults with developmental disabilities such as; down syndrome, autism spectrum disorder, cerebral palsy or other nuero-cognitive conditions who cannot fully care for themselves or their finances. Conservatees in limited conservatorships do not always require the higher level of care or help that conservatees in general conservatorships need. Additionally, the term “Limited” is utilized in hopes that as the adult conservatee ages, with the benefit of occupational or physical therapy and coupled with special education or training, that more independence may be achieved by the conservatee-reducing the level of powers needed for theconservatee to live a happy, independent life…

Temporary/ Emergency Conservatorship

When a conservatorship is urgently needed, the court may appoint a temporary conservator until a general conservator can be appointed. This can be necessary due to evidence that the individual is being harmed physically, emotionally, being exploited in some way or stolen from by caretakers or even family members. It could also be necessary due to advanced dementia causing an unsafe environment for the proposed conservatee. The request must be filed as part of a general conservatorship case and can be filed either at the same time or soon after the general conservatorship case is opened with the court. The main duties of a temporary conservator are arranging for the temporary care, protection and support of the conservatee and protecting the conservatee’s finances and property.

3. Lanterman-Petris-Short (LPS) Conservatorships – LPS Conservatorships are used to care for adults with serious mental health illnesses who require special care such as very restrictive living arrangements (living in locked facilities) or extensive mental health treatment (like very powerful drugs to control behavior). Conservatees in LPS conservatorships cannot or will not agree to the special living arrangements or treatment on their own. LPS conservatorships must be started by a local government agency or attorney at law.

LegalDoc-Prep does not assist with LPS Conservatorships. If you believe that this is the type of help the adult needs, contact your local “County Public Guardian/Conservator” at (916) 875-04467 or the ‘Public Administrator” at (916) 875-4491 or visit: www.dcfas.saccounty.net

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LegalDoc-Prep (LD-P) is not a law office and cannot represent you in court. We provide document preparation services at your specific direction and pursuant to; Business & Professional Code Sec. 6400. Services provided by (LD-P) are not a substitute for the advice of a lawyer. If you require legal advice contact an attorney; Sacramento Cnty Lawyer Referral at: www.calbar.ca.gov.

All information and contents found within this website has been derived from approved and sanctioned literature found on the California Association of Legal Document Assistants website. For more information please visit Calda.org.