California's Conservatorship Of Persons With Disabilities: The Purpose And When To Use It

Having a special needs loved one makes planning for their long-term care and protection an ever-present consideration. 

Everyday decisions, big and small, must be made to ensure that their best interests are always paramount in the decision making process. 

How can we protect those who cannot protect themselves?

Depending on the State you reside in, either through a Special Needs Power of Attorney or a Conservatorship.

California has a Conservatorship system which is designed to protect individuals with disabilities who are unable to care for themselves or make decisions about their own lives. 

Let’s explore what this important document is and when it should be used.

What Is a Conservatorship?

Conservatorship is a legal relationship in which one person (the "conservator") is appointed by the court to make financial and/or personal decisions on behalf of another person (the "conservatee"). 

The conservatee must be an adult who has been determined by the Court to be unable to make these decisions for themselves due to mental or physical incapacity. 

A Conservatorship can either be limited or general. 

What’s the difference?

A limited conservatorship allows the conservator to make only specific decisions on behalf of the conservatee, while a general conservatorship gives the conservator broad powers over the conservatee's finances and personal life. 

Who Can Serve As A Conservator? 

In most cases, the Court will appoint a family member or close friend of the proposed conservatee. If no one suitable can be found, then the Court may appoint a professional fiduciary such as a banker, attorney or accountant. 

When is Conservatorship Appropriate? 

Conservatorships should only be used when absolutely necessary and when less restrictive alternatives have been exhausted. 

The decision to seek a Conservatorship should not be made lightly, as it will strip the proposed conservatee of many of their basic rights and privileges. 

How Does Someone Become Conserved? 

The first step in becoming under conservatorship is for someone else to file what is known as a "petition for appointment of conservator" with the court. 

This petition must state why the proposed conservatee needs a conservator and must be accompanied by letters from two doctors attesting to the fact that the proposed conservatee is incapacitated. 

Once this petition has been filed, notice must be given to both the proposed conservatee and all interested parties, such as family members and friends. 

If no objections are raised within 14 days, then a hearing will be held at which time testimony may be presented by both sides before a judge makes a final determination as to whether or not to appoint a conservator. 

You should always keep in mind that your ultimate goal is to protect your conservees best interests while still respecting their basic rights and dignity as human beings. 

Applying for a Conservatorship for your special needs loved one is not an easy task to create. It’s always best to consult with an attorney familiar with California's guardianship laws who can help guide you down the best path for you and your loved one.

Thinking about a Conservatorship? Contact our team today, we are here to answer all of your questions.

DISCLAIMER: The content contained herein is for general informational purposes only.  These materials do not constitute legal or other professional advice.  We do not accept any responsibility for any loss that may arise from reliance on this information.  No reader should act or refrain from acting based on information contained in this article without seeking advice of counsel.