Conservatorships are court cases wherein the judge appoints a conservator (person or organization) to take care of an adult (conservatee) when he/she cannot care for himself/herself or manage his/her own finances. Conservatorships are designed for when a loved one has not executed a living trust and/or powers of attorney. The court must intervene in these cases.
There are three types of conservatorships:
- Probate conservatorships: Probate conservatorships are brought in front a judge on behalf of an adult, typically an elderly adult. This type of conservatorship is common for those suffering from a stroke, coma, or dementia.
- Limited conservatorships: Limited conservatorships are for developmentally disabled adults who were diagnosed as a minor (prior to 18th birthday). The limited conservator can make decisions only in those areas in which he/she asks the court to grant powers.
- LPS conservatorships: LPS conservatorships are created by the county, if a loved one has been deemed to be a threat to himself/herself or others due to mental illness or addiction. The public guardian (a county agency) makes medical, personal, and financial decisions for the individual.
When your loved one cannot or does not care for himself/herself, it is frustrating when you find that you are unable to get them the care they need because you do not have legal authority. At Bryant Elder Law in Santa Ana, we work diligently to guide our clients through the legal process and ensure that they know what to expect throughout.