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Conservatorship of the
Person
If the Conservatee
cannot properly provide for his or her own personal needs for food,
clothing, shelter and health, the Court appoints a Conservator of
the Person.
Conservatorship
of the Estate
If the Conservatee
cannot properly take care of his or her own financial affairs or
cannot resist undue influence or fraud, the Court appoints a Conservator
of the Estate.
In addition
to the two (2) basic types of Conservatorships in California, person
and state, we also have a few other types of Conservatorhsips, mentioned
only briefly below.
Limited
Conservatorships for the Developmentally Disabled
If the proposed
Conservatee in a Conservatorship matter is developmentally disabled
(i.e., has mental retardation, cerebral palsy, etc., which occurred
prior to the age of 18), then the Court will likely create a Limited
Conservatorship for this person. ***Please refer to the companion
Information Sheet on Limited Conservatorships for more details.
LPS
Conservatorships for Gravely Disabled
If the proposed
Conservatee is gravely disabled as a result of mental illness or
chronic alcoholism and presents a danger to self or others, then
an LPS Conservatorship may be appropriate. Only LPS Conservators
may place the Conservatee in a locked facility or force the Conservatee
to undergo treatment or take medication to address the problems.
Unfortunately for many individuals who might benefit from the protections
afforded by an LPS Conservatorship, these proceedings are very difficult
to obtain and can only be initiated by County officials.
Although not
technically a distinct type of Conservatorsip, another feature which
can be added to a Conservatorsip of the Person is called dementia
powers. Persons with dementia require specific
assistance. Until recently, a Conservator had difficulty obtaining
proper placement and proper mediation treatment for a Conservatee
with dementia. Relatively new legislation now permits a Conservator
who seeks and is granted dementia powers to place the Conservatee
in a secured perimeter placement and to see the Conservatee
receives proper mediations to treat the dementia.
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