Phone
(916) 365-9734
Phone
(916) 365-9734
The court may appoint a conservatorship lawyer in California in one of three capacities:
Responsible for the conservative’s daily care, health, and well-being.
Manages the conservative’s financial matters and assets.
Oversees both personal care and financial decisions.
As a court-appointed conservator, you are legally responsible for fulfilling specific duties, and the court has the authority to review and supervise your actions.
Even under conservatorship, a conservatee retains certain rights. They have the right to:
Conservatorship is a legal proceeding in which the court evaluates the vulnerability of an adult who may be unable to take care of his or her own: needs for shelter, food, medical care, manage personal finances, or may be subject to undue influence.
A Conservator is usually a family member or close friend. It is the responsibility of the Conservator to ensure the safety and well-being of the adult who cannot care for himself. If there is no one willing to act as Conservator, a private professional Conservator or the Public Guardian may be appointment (PrC 1812 (a)-1820).
There Are Three Types of Conservatorship Actions
A General Probate Conservatorship (PrC 1800, et seq.) is for all other adults who are unable to provide for their personal needs due to physical injury, dementia or other reasons rendering them incapable of caring for themselves or making them subject to undue influence.
A Limited Conservatorship (PrC 1827.5 1828.5 2351.5) is only for a person who is developmentally disabled. In this type of conservatorship the powers of the conservator are limited so that the disabled person may live as independently as possible.
An LPS (Lanternman Petris-Short) Conservatorship(W&I 5350-5371) is for a gravely disabled person due to a mental disorder who may be a danger to themselves or others and requires hospitalization in a psychiatric facility. An LPS conservatorship requires the annual reappointment of the conservator. A person under an LPS conservatorship may be placed in a locked facility, including a state mental hospital. There are many extra protections in LPS conservatorships to ensure that the conservatee's civil rights are not being violated including a jury trial. LPS conservatorships are confidential cases and may only be accessed by parties to the action or their attorney of record.
An investigator will interview the proposed conservatee, conservator(s) and any other agencies or individuals who may be able to provide pertinent information to the court. The investigator will prepare a report for the court’s to review prior to the court hearing.
The information contained on this website is intended to introduce prospective clients to The Law Office of Peter Vlautin, and is not to be considered a legal opinion or an offer to represent you. This web site is not intended to establish an attorney-client relationship. Emails sent to The Law Office of Peter Vlautin using any of their email addresses would not be confidential and would not create an attorney-client relationship.