What should I know about conservatorships in California?

People in California who are unable to handle their own affairs because of various issues must be protected. This can be due to pending incapacity or ongoing factors that render them in need of assistance from a trusted person. This is where conservatorships can be useful. Technically, these are referred to as probate conservatorships. Understanding the types of conservatorships available and when they are applicable is critical to determining how to proceed to ensure a loved one gets the comprehensive care and protection necessary.

General, limited and temporary conservatorships

When deciding on a conservatorship, it is wise to know the different types available. A general conservatorship can protect an adult who cannot care for him or herself and is incapable of dealing with their finances. Often, this is an elderly person whose age has limited their capacity. It can also extend to younger people who suffer from an impairment or issue that renders them incapacitated or incapable from an accident or a medical event.

A limited conservatorship is for those who have developmental disabilities and are unable to care for themselves without help, but are not so limited that they need extensive intervention to protect their interests. Examples include a person who is autistic, has cerebral palsy, is mentally retarded or is epileptic. The circumstances dictate how much help they need. Temporary conservatorships are for those who need help immediately and that care will be given until a general or limited conservator is named.

Those seeking conservatorships may require legal assistance

Health, safety and protection in all its aspects is an ongoing worry for many people. In addition to the above ways in which conservatorships can be granted, there is also a separation between conservatorship of a person and that person’s estate. The court will decide on which is needed and who will fulfill the duties. When facing the reality of a loved one whose condition is such that a conservatorship may be needed, a law firm that specializes in conservatorships, incapacity planning, estate planning and more may be of assistance.