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Who can file for conservatorship?

| Apr 19, 2021 | Conservatorships |

A conservatorship is a legal case in which a judge designates a responsible organization or individual, known as a conservator, to provide consistent care for another adult who is unable to care for themselves or properly manage their own affairs. If you’re a California resident considering filing a conservatorship, here are some important things you should know about estate law.

Types of conservatorships

There are several types of conservatorships depending on what the person needs. Probate conservatorships are based on California estate law. These conservatorships are most common. Probate conservatorships can be general, which covers adults who are unable to take care of themselves or their finances. Conservatees are usually elderly individuals but can also be younger individuals who are critically impaired.

Limited conservatorships are for developmentally disabled adults who can’t take care of themselves. Conservatees with a limited conservatorship don’t need as much care or assistance as those who are part of general conservatorship.

LPS conservatorships

According to estate law, Lanterman-Petris-Short or LPS conservatorships are put in place to care for mentally ill adults or those who need constant or specialized care. LPS conservatorships are especially for people who require special living arrangements, such as living in a locked facility or requiring strong medication to control their thoughts and behaviors. An LPS conservatorship must be initiated by the local government.

If you feel that a loved one needs this type of conservatorship, it’s best to get in touch with your county’s public conservator or public guardian. An estate planning attorney may also assist you in determining the right steps if you think that filing a conservatorship would be the best move for a family member.