Laguna Beach Conservatorship Attorney

What is a conservatorship?

A conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for themselves or manage their own finances. There are various types of conservatorships depending on the needs of the conservatee: probate conservatorships and Lanterman-Petris-Short (LPS) Conservatorships.

Probate conservatorships can be general or limited. General conservatorships are reserved for adults who cannot take care of themselves or their finances and limited conservatorships are reserved for adults with developmental disabilities who cannot fully care for themselves or their finances. LPS conservatorships are started by a government agency and are used to care for adults with serious mental health illnesses who need special care and usually need very restrictive living arrangements (like living in locked facilities) and require extensive mental health treatment (like very powerful drugs to control behavior).

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Sometimes circumstances call for a temporary conservatorship. This is when a judge appoints a temporary conservator to take care of a conservatee’s more immediate needs because they cannot wait until a general conservator is appointed (the process takes about a year).

Temporary conservatorships have a specific end date, usually 30 to 60 days from the date of appointment. These conservatorships can be of the person, of the estate, or both. The main role of the temporary conservator is to ensure the temporary care, protection, and support of the conservatee.

Generally, in appointing a conservator, the court will look to the best interests of the conservatee. If the proposed conservatee has nominated someone (and the proposed conservatee has the mental and physical ability to express a preference), the court will appoint that person as conservator unless that appointment is not in the conservatee’s best interests. For a greater understanding of theses processes, visit our Resources.

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Setting up a conservatorship can take some time (about a year in California). It can be complex and trying. Prior to asking the court to appoint a conservator, you should consider whether a conservatorship is appropriate under the circumstances. Keep in mind, the court will potentially be appointing someone to act on behalf of the conservatee in very personal and important circumstances. For this reason, the court takes very seriously the proposed appointment and the duties that follow appointment.

If you feel like a conservatorship is potentially in order, we can offer our simple process and approach, along with robust solutions that prioritize security and peace of mind. Together, we can address issues related to conservatorships and create a comprehensive strategy to ensure your'e able to achieve your goals. We will provide assistance with preparing and filing the initial petition(s), providing notice to relevant parties, working with the court investigator, appearing for and attending court hearings, and working through the conservatorship if desired.

What are some alternatives to becoming a conservator?

Assuming a conservatorship is not needed, there may be some alternatives. For medical healthcare decisions, you can look to the following as alternatives to a conservatorship: an advance health care directive; court authorization for medical treatment; informal personal care arrangements; and restraining orders to protect against harassment.

For financial decisions, you can look to the following as alternatives to a conservatorship: a power of attorney; substitute payee for public benefits; joint title on bank accounts or other property; and living trusts.

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