How to Choose Between Different Types of Conservatorships

What is the Difference Between Guardianship and Conservatorship?

The primary difference between guardianships and conservatorships is that guardianships are for minors, and conservatorships are for adults. In both cases, the courts will appoint the individual entrusted to care for their ward through guardianship or conservatorship proceedings.

Guardianships may be appropriate when a child does not have a living or capable parent to provide them with adequate care. For example, young parents may name legal guardians for their minor children in a last will and testament should they ever pass away at an untimely date. After death, the legal guardians would take over the responsibility of caring for the minor children.

A conservatorship may be deemed appropriate when adults cannot manage their affairs or care for themselves appropriately. A conservatorship may be necessary for situations involving an elderly relative who is no longer self-sufficient or in instances where an adult becomes dependent on others due to a catastrophic injury, disability, or illness.

Who Can Become a Conservator?

Conservatorship proceedings begin when an individual files a petition for conservatorship with the appropriate court. In California, nearly everyone has the right to file such a petition, including the individual who requires care. When deciding who to elect as an appropriate conservator, the courts will typically appoint individuals in the following orders of priority:

• Spouse
• Adult child
• Parent
• Sibling
• Interested parties
• The appointment of a public guardian

When the individual with the highest priority does not agree to act as a conservator, they have the option to nominate another person. When all qualified potential family members or friends refuse to serve, the courts will usually appoint a professional fiduciary or public guardian for the individual’s care.

What Are the Different Types of Conservatorships in California?

Conservatorships are legal means of providing for the needs and ongoing care of individuals who cannot care for themselves in one of many different ways. There are a few different types of conservatorships available in the state of California. These conservatorships have significant differences, and it is important to understand the pros and cons of choosing either legal option.

Our law firm has extensive experience representing clients in various estate planning matters, including the creation and management of conservatorships. To learn more about our legal services and how we may assist you and your family members during this difficult time, please contact our law office to schedule your free initial consultation today.

What is a General Conservatorship?

A general conservatorship, sometimes called a full conservatorship, is set up for adults who cannot provide for their personal needs in terms of health, shelter, finances, food, and clothing or have lost their ability to make decisions for themselves. A general conservatorship may be appropriate for older adults, severely injured adults, and adults who have a major neurocognitive disorder such as a traumatic brain injury, dementia, Alzheimer’s disease, severe disability development, or other medical conditions.

California courts may set up a conservatorship for a person with special needs in which the conservator provides for the individual’s shelter, food, medical care, and physical health. In some instances, it may be necessary to set up a conservatorship of the estate as well, in which case the conservator will also manage the individual’s finances and personal assets.

What is a Limited Conservatorship?

A limited conservatorship is primarily for individuals who have developmental disabilities and are unable to provide for some, if not all, of their personal and financial management requirements. The disability must have originated before the person’s 18th birthday, be expected to continue indefinitely, and constitute significant impairments to the person’s life. If the courts deem it necessary to appoint a conservator for this disabled person, the conservator will be responsible for encouraging self-reliance for the person while also ensuring their well-being.

What is an LPS Conservatorship?

Also known as a mental health conservatorship, this type of legal arrangement grants the conservator the duty of overseeing the mental care and treatment of the conservatee who is suffering from severe mental illness symptoms. In such a conservatorship, the individual in need of care must have a mental health condition that poses a threat to their life or the lives of others. One condition of the LPS conservatorship is requiring specialized living arrangements and round-the-clock medical care for the conservatee. A government agency must initiate these types of conservatorships.

Are There Other Types of Conservatorships in CA?

In extreme situations where the courts are concerned that an adult’s needs are unmet, they may grant a temporary conservatorship. Temporary conservatorships have specific start and end dates. In most cases, California sets the temporary conservatorship to last between 30 and 60 days. Additional restrictions for temporary conservatorships are not in place for limited or general conservatorships. For example, temporary conservators do not have the authority to move conservatees out of their homes unless there is an emergency.

What Are the Pros and Cons of Limited Conservatorships?

Limited conservatorships have several benefits and drawbacks. The goal of limited conservatorships is to help young adults become self-reliant and independent while also providing for their needs when they can’t achieve their responsibilities without assistance.

Limited conservatorships can be beneficial in protecting young adults while not sheltering them from the world.

However, limited conservatorships have risks. In some cases, conservatees may have their rights taken away, and their decision-making authority could be given to another person. Depending on the situation, a limited conservatorship may be limited in name only. Additionally, once court oversight is deemed necessary, it can be difficult to remove it. Some limited conservatorships may be contested and look similar to child custody battles, potentially resulting in litigation and expensive courtroom cases.

What Are the Benefits and Risks of General or Full Conservatorships?

Full conservatorships and limited conservatorships share many of the same risks and benefits. If the person needing care lacks mental or physical capacity in all areas, a full or general conservatorship may be the most beneficial option to help them through their lives. However, creating a general conservatorship puts the conservatee at risk of having their voice left unheard or being taken advantage of by a conservator acting in bad faith. General conservatorships should only be created for individuals who need considerable amounts of support in all areas of their lives.

Schedule a Free Consultation with Our Compassionate Legal Team Today

At our law firm, we pride ourselves on providing respectful and compassionate legal services to clients and their families interested in estate plans and conservatorships. To learn more about how we may be of assistance to you and your loved ones, please contact our Rancho Cucamonga law offices to schedule your free case evaluation today.

You can reach us at 909-675-1545.