Conservatorships

– About Conservatorships

A conservatorship is when a court appoints one or more persons to assist an adult who needs help – either with the tasks of daily living, with financial management, or both. The petitioner is usually a family member requesting that they or another person be appointed to serve as the conservator. However, the person needing help can also initiate the conservatorship, requesting that a person they trust be appointed their conservator.

There are different types of conservatorships in California. A general conservatorship is for adults who cannot provide for their personal needs or manage their financial resources for some reason, often due to cognitive decline or physical injury. A limited conservatorship is for an adult who was diagnosed with a developmental disability before adulthood. LPS (Lantern-Petris-Short) conservatorships are initiated for people who are a grave danger to themselves or others because of a mental crisis. An attorney can assist you with general and limited conservatorships, but only a public guardian can initiate an LPS conservatorship.

Not everyone requiring assistance needs a conservatorship. Because a conservatorship limits a person’s autonomy in some way, the court will inquire whether there are less restrictive ways to protect the proposed conservatee.

What Are Some Alternatives to a Conservatorship?

If the impaired or disabled individual has capacity, he or she can execute a durable power of attorney and a health care directive.

Another option is a supported decision-making agreement, which allows somebody to  receive support from the people they trust while maintaining the right to make their own decisions.

These options do not require court involvement. If you wish to explore these alternatives to a conservatorship, we can help you! Contact us at (925) 266-3449 or info@fidelitaslaw.com, or complete the contact form below.

• Overview of the  Conservatorship Petition Process
• prepare petition and other required filings
• obtain Capacity Declaration from physician
• serve notices
• Court Investigator and Regional Center (limited conservatorships only) prepare and file reports
• attend hearing and request Letters of Conservatorship be issued
• file bond and prepare Inventory and Appraisal, if required
• comply with requests for status reports and accountings

How Can We Help?

If you need assistance with a conservatorship (or wish to explore viable alternatives), contact us at (925) 266-3449 or info@fidelitaslaw.com, or fill out and submit our contact form. Somebody will reach out to you within 24 hours.