In California, a conservatorship is a legal arrangement that grants a person or entity the authority to make decisions on behalf of an individual who is unable to manage their personal and financial affairs. There are two primary types of conservatorships in California: limited conservatorships and general conservatorships. These two types of conservatorships differ in their scope and purpose:
1. General Conservatorship:
– General conservatorships are typically established for adults who are deemed to be incapable of managing their personal and financial matters, often due to mental illness, physical incapacity, dementia, or other factors.
– General conservatorships grant broad powers to the conservator, who is responsible for making decisions regarding the conservatee’s personal care, living arrangements, medical treatment, and financial affairs.
– These conservatorships are typically more comprehensive and are appropriate when the conservatee is unable to manage many or all aspects of their life.
2. Limited Conservatorship:
– Limited conservatorships are designed for individuals with developmental disabilities, often originating before the age of 18. They are typically established for adults with intellectual or developmental disabilities who need assistance with specific areas of their life.
– The scope of a limited conservatorship is narrower in comparison to a general conservatorship. It only grants powers over specific aspects of the conservatee’s life, such as education, medical decisions, and residence.
– The goal of a limited conservatorship is to strike a balance between providing support to individuals with disabilities while respecting their autonomy and independence.
The process of establishing either type of conservatorship in California involves filing a petition with the court, providing notice to all interested parties, and obtaining a court order. The court closely examines the circumstances and assesses whether the conservatorship is necessary and in the best interests of the conservatee. In the case of limited conservatorships, the court will focus on the specific limitations required.
It’s essential to consult with an attorney experienced in California conservatorship law to navigate the legal requirements and processes associated with establishing either a limited or general conservatorship, as they can be complex and involve the protection of individual rights and autonomy.