Conservatorship is a serious matter. It requires a court hearing with all interested parties present. If the conservatorship is established, the individual or conservatee loses many civil rights most of us take for granted. He or she may lose the right to decide where to live or what medical treatment to accept or refuse. They may lose the right to control their assets or manage their income. The conservator, by assuming the responsibility for these matters, becomes legally accountable to the court.
There are two types of conservatorship managed by the Public Guardian: Lanterman-Petris Short (LPS) Conservatorships and Probate Conservatorships.
LPS (mental health) CONSERVATORSHIP
Legal Basis: According to the Welfare and Institutions Code, a conservator may be appointed for a person who is gravely disabled meaning that, as a result of a mental disorder, the person is unable to provide for food, clothing or shelter. Certain criminal defendants incompetent to stand trial may also meet the criteria.
Purpose: To provide for individualized treatment, supervision, and placement of the conservatee and to manage their financial resources.
Legal Basis: According to the Probate Code, a conservator may be appointed for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing or shelter or for persons substantially unable to manage their financial resources or resist fraud or undue influence.
Purpose: To protect and arrange care for the conservatee, to protect their rights and manage their financial resources.