There are several different types of conservatorships that are available if you feel that your loved one can no longer properly care for their own needs. The following are some of the most common types of conservatorships.
- Limited conservatorships: Legal arrangement in which the conservator provides for a developmentally disabled adult.
- Probate conservatorship: Conservatorship in which a judge appoints an individual to care for another adult who cannot care for themselves, such as managing finances or other essential activities.
- Lanterman-Petris-Short: This is actually a mental health act in which a California court grants an adult the legal authority to oversee medical treatment for an adult who is suffering from serious mental illness.
- Temporary conservatorship: This type of conservatorship is temporary in nature and typically only lasts 30 to 60 days. During this time, the conservator is responsible for ensuring the protection, care, and financial support of the individual who is under the conservatorship.
Each case has its own set of individual circumstances and needs. It is highly advisable that you choose a particular conservatorship based on the needs of the conservatee.
What is the Legal Definition of a Conservatorship?
Under California law, conservatorship is a legal appointment made by the court to make decisions for the conservatee. This is done when the individual in question has been determined to not be able to make their own decisions. In many cases, this occurs when an individual, often a family member, does not have the capacity to manage their own life stemming from a cognitive decline.
What Type of Decisions Can be Made by a Conservator?
The types of decisions that a conservator can make are determined by whether that conservatorship is limited or general. A limited conservator can only legally make decisions within certain limits as prescribed by law. A general conservator has more legal authority to make more decisions for the conservatee.
Often limited conservators only have the legal ability to pay the bills of the conservatee, invest, or sign legal documents. Conversely, a general conservator would have the ability to make decisions in regard to where the conservatee lives or matters that pertain to healthcare.
How Long Can a Conservatorship Last?
In many cases, the conservatorship does not dissolve unless one of two factors occurs. They are as follows:
- The conservatee passes away
- There is no longer a need for the conservatorship, or the conservator who was appointed has not fulfilled the obligations delegated to them
It should also be remembered that Lanterman-Petris-Short conservatorships usually expire after 30 to 60 days but can be extended to one year.
How Can I Know Which Conservatorship is the Right One for My Loved One?
If you feel that you may need to become the conservator over your loved one but are not certain which option would be right for their needs, you need to speak with a knowledgeable attorney as soon as possible. The attorneys of Cava and Faulkner of Elk Grove, CA, can answer all of your questions and help you to make a decision based on the conservatee’s needs. Contact us by calling (979) 596-4088 and ask to schedule a free consultation.