What You Should Know About Conservatorships in California

What You Should Know About Conservatorships in California

If you have an elderly or disabled loved one who can no longer care for themselves, you may have considered a conservatorship. A conservatorship is a legal tool that allows someone to make decisions on behalf of an adult who cannot manage their own health, safety, and/or finances. 

In California, there are two main types - a probate conservatorship and a mental health (LPS) conservatorship. The probate version is the most common and covers both personal care and financial decisions. The mental health conservatorship is more restrictive and used when someone needs forced mental health treatment.

How Does a Conservatorship Work?

The process starts with someone filing a petition and presenting evidence like doctor reports on why the person (called the proposed conservatee) can't care for themselves. A court investigator interviews them and makes a recommendation to the judge. 

At a court hearing, the judge decides whether to appoint a responsible conservator and give them legal authority over the conservatee. This duty can be assigned to a family member, professional conservator or public guardian.

Conservators must regularly report to the court and cannot exploit or isolate the conservatee. If able, the conservatee can object to the arrangement at any time.

Options for a Limited Conservatorship 

For adults with disabilities like autism or Down syndrome, a limited conservatorship may be appropriate to protect some rights while maximizing independence. The conservator is only given power over finances, medical care, or other areas truly needed.

This allows the conservatee to retain control over things like choosing where to live, consenting to marriage, voting, and getting a driver's license. The court must have clear evidence on exactly where help is required.

Oversight by Court Investigators

Court investigators play a big role in monitoring conservatorships to prevent abuse. They interview the conservatees regularly, review budgets and accountings, check in on living conditions, and watch for violations.

Conservatorships should be tailored to what an individual needs and regularly reviewed. The goal is to assist vulnerable adults while honoring their rights and preferences as much as possible. With cautious oversight and limitations where appropriate, conservatorships can provide critical protection for those unable to care for themselves fully.