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California Conservatorship Laws

A conservatorship is a legal proceeding where one person or entity, is appointed by a judge to manage the affairs of another person.  There can be a conservator of the person, or estate or both.  A family member of the individual is preferably appointed as conservator based on the relationship to the conservatee.  The court can also appoint non-relatives, professional conservators, government agencies and nonprofit corporations.  A conservatorship starts with the filing of a petition and other required forms with a Superior Court.  Approximately four weeks after the filing of the petition, a court hearing date will be set.

The physical and mental condition of the conservatee determines the type of conservatorship.  A general conservatorship applies to all incapacitated persons who are not developmentally disabledA limited conservatorship would apply if the proposed conservatee were developmentally disabled.  A Lanterman-Petris-Short Conservatorship would apply if the proposed conservatee is a person who is gravely disabled due to a mental disorder or chronic alcoholism.

A conservator may have the powers to: determine the residence of the conservatee, consent or withhold consent to medical treatment on behalf of the conservatee, access to confidential records of the conservatee, to contract, and invest the funds of the conservatee.

A general conservatorship terminates on the conservatee’s death or upon a court order.  A limited conservator terminates not only by the death of the limited conservatee, or by court order, but also by the death of the limited conservator.  An LPS conservatorship terminates automatically after one year or upon the death of the conservatee or court order.  However, it can be re-established for additional one year periods.

An LPS conservatorship must be renewed annually.  The court reviews a limited conservatorship and general conservatorship one year from establishment and every two years thereafter.


Inside California Conservatorship Laws