Different Types of Conservatorship in Legal Proceedings
Learn about the various types of conservatorship, including General Probate Conservatorship, Limited Probate Conservatorship, and LPS Conservatorship in the context of mental health laws. Discover the nuances of each form of conservatorship and their significance in safeguarding individuals' well-being.
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Scott C. Soady, Esq. 858-618-5510 scott@help411.com www.help411.com
Types of Conservatorship Person v. Estate General Probate Conservatorship Limited Probate Conservatorship LPS Conservatorship
LPS Conservatorship Mental Health, (Welfare and Institutions Code 5150, et. seq.) Gravely Disabled = Unable to provide for food, clothing, and shelter due to a mental illness as defined by the DSM Power to place involuntarily in a secured facility and involuntarily treat with anti- psychotic medication. Must be initiated by the County Mental Health Director Must be renewed every year otherwise automatically terminated Separate Mental Heath Court
General Conservatorship Person = a person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter Estate = a person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence Dementia powers can be granted for secured perimeter facility and treatment with anti-psychotic medication
Limited Conservatorship A Developmentally Disabled Adult Purpose is to provide more independent, productive, and normal lives for those with developmental disabilities, therefore only specific powers are granted. If the disability is severe enough can also qualify for General Conservatorship
Developmentally Disabled Disability that originates before 18 Disability is expected to continue indefinitely Constitutes a substantial handicap Specifically includes intellectual disability, cerebral palsy, epilepsy, and autism Does NOT include solely physical disabilities
Substantial Handicap Limitations in 3 or more of major life activities: Self-care Receptive and expressive language Learning Mobility Self-direction Capacity for independent living Economic self-sufficiency
Powers of Limited Conservator Fix the residence Access confidential records To consent or withhold consent to marriage Control the right to contract Medical treatment Control social and sexual contacts Education decisions
Voting Rights Voting rights retained unless: person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process
Conservatorship Process File Petition for Conservatorship and other documents Doctor s Declaration Notify relatives to the 2nd degree (grandparents & siblings) Regional Center Report Attorney appointed to represent Conservatee All parties appear at the hearing
After Appointment Periodic review and report by court investigator Accountings if Conservatorship of the Estate Must inform the court of a change of Residence Must get permission to leave the State and establish Conservatorship in new State before termination in CA
Alternatives to Conservatorship Power of Attorney for Finances Advance Health Care Directive Special Needs Trust ABLE Accounts (up to $100,000)
Scott C. Soady, Esq. 858-618-5510 scott@help411.com www.help411.com
