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This article is the second in a series of articles designed to educate and inform the reader on the general concepts of conservatorships, when they may be necessary, and the considerations made by the court in establishing them. This second article will focus primarily on educating the reader on different types of conservatorships in California and the persons for whom they would be suitable. Our third topic for discussion is the role and duties of a conservator.
Types of Conservatorships
There are several types of conservatorships. For each type, the court may appoint a conservator of the person, a conservator of the estate, or both. Probate conservatorships are based on laws found in the California Probate Code. A probate conservatorship may be a general or a limited conservatorship. In addition, a court may appoint a temporary conservatorship until it can appoint a general or limited conservator.
General conservatorships, which are conservatorships of the person and the estate, are for adults who cannot handle their finances or care for themselves. Conservatees under general conservatorships are often older people with limitations caused by aging. Still, they also may be younger people who have been seriously impaired. A conservator of the person is responsible for ensuring that a conservatee’s physical health, food, clothing, shelter, safety, comfort, recreation, and social needs are met. As conservator of the estate, a conservator is responsible for managing the conservatee’s finances.
Limited conservatorships are generally conservatorships of the person. They are for adults with developmental disabilities who cannot fully care for themselves or their property but who do not need the higher level of care or help given under a general conservatorship. Welfare and Institutions Code Section 4512 defines “developmental disability” as a “disability that originates before an individual attains 18 years of age, [and] continues, or can be expected to continue indefinitely, and which constitutes a substantial disability for that individual.” Developmental disabilities include intellectual disability, epilepsy, cerebral palsy, and autism. They also include conditions similar to intellectual disability or requiring similar treatment but do not include handicapping conditions that are solely physical in nature. The court order appointing a conservator of the person under a limited conservatorship will specify the areas that the conservator can handle.
Temporary conservatorships may be necessary when a person needs immediate help, usually during the time between the filing of a petition for appointment of a general or limited conservator and the court hearing on that petition. A judge may appoint a temporary conservator of the person or the estate, or both, for a specific period until a general or limited conservator can be appointed. A temporary conservator typically arranges for the temporary care, protection, and support of the conservatee. A temporary conservator also arranges to protect the conservatee’s property from loss or damage during the limited period of their appointment.
Lanterman-Petris-Short Conservatorships
Lanterman-Petris-Short conservatorships are based on the Lanterman-Petris-Short Act and are often referred to as “LPS conservatorships.” LPS conservatorships are designed to help individuals with serious mental illnesses that require special care and treatment. LPS conservatorships are commonly used for individuals residing in restrictive living arrangements or receiving extended mental health treatment, including medication to help control their behavior.
An LPS conservatorship is best suited for individuals who cannot provide for their own needs for food, clothing, or shelter due to a mental disorder or chronic alcoholism and who cannot or will not agree to the arrangement or treatment voluntarily. Although a private citizen may be appointed an LPS conservator, a local government agency such as a county’s public guardian or public conservator must start the appointment process.
If you are an LPS conservator of an estate, you may want to consult with a lawyer about any differences that may affect your duties. You might also discuss with your lawyer the possibility of seeking an appointment as probate conservator of the estate while continuing as LPS conservator of the person, as a probate conservatorship may be more convenient, more efficient, and less expensive.
For more information regarding matters associated with elder and dependent adults, estate planning, power of attorney documents, and Probate Court, email us at, Estates@kirksimas.com or call us at (805) 934-4600 to schedule an appointment.