One of the most difficult things that many California families experience is reaching the realization that a loved one can no longer take care of him or herself. Whether it is due to an illness or an injury, a developmental disability or a serious mental condition, that individual needs someone else to take over the decision-making. This is where conservatorships come in, but what type will best serve what your ailing family member’s needs?
The conservatorship that most people are familiar with is the general probate conservatorship. This is most often used for someone who is at risk of being taken advantage of due to dementia, advanced age or a physical injury. He or she needs someone to take over making decisions regarding personal care and finances. Many California residents have special needs children who continue to need assistance when they become adults. A limited conservatorship provides some measure of assistance, but restricts a conservator’s powers in order to help ensure that the developmentally disabled person can live on his or her own as much as is practical and possible.
There is also a conservatorship for those who need help because they are suffering from chronic alcoholism or a serious mental disorder that creates a dangerous atmosphere the individual afflicted. This person may refuse to accept help voluntarily, and a Lanterman-Petris-Short conservatorship could force the issue. Substantial protections are built in to help ensure that the suffering individual’s rights are protected.
Each type of conservatorship comes with its own set of rules. Because conservatorships essentially remove a person’s autonomy, the state of California and its courts strive to make sure that your loved one gets much-needed help while balancing his or her rights, which is probably your goal as well. You may find it advantageous to work with a compassionate and experienced attorney who can help you through this process.
Source: saccourt.ca.gov, “Conservatorships”, Accessed on Feb. 2, 2018