A conservatorship is an entity established by court order that some property or person be subject to the legal control of another person or entity, known as a conservator.

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 they'll 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.

Conservatorship of the Person: The conservator arranges for the client's care and protection, determines where he or she will live and makes appropriate arrangements for health care, housekeeping, transportation, and personal needs.

Conservatorship of the Estate: The conservator manages the client's finances, locates and takes control of the assets, collects income due, pays bills, invests the client's money, and protects the assets.

FREQUENTLY ASKED QUESTIONS:

Who generally becomes a conservator? The law prefers that a family member of the individual be appointed conservator and has a list of preferences based on the relationship to the conservatee. Additionally, the court can appoint non-relatives, professional conservators, government agencies and nonprofit corporations.

How is a conservatorship started? The filing of a petition and other required forms with the Superior Court starts a conservatorship. A court hearing date will be set approximately four weeks after the filing of the petition.

Are there different types of conservatorships? Yes. The type of conservatorship generally depends on the physical and mental condition of the conservatee A general conservatorship applies to all incapacitated persons who are not developmentally disabled. For example, this type of conservatorship would be available to assist an elderly person with Alzheimer's. If the proposed conservatee were developmentally disabled, a limited conservatorship would apply. A limited conservatorship gives the conservator only certain specified powers, and allows the conservatee to retain rights that he/she is able to exercise. In this kind of conservatorship, the regional center will receive notice of the petition and will file an advisory report with the court on the appropriateness of the conservatorship. If the proposed conservatee is a person who is gravely disable due to a mental disorder or chronic alcoholism, a Lanterman-Petris-Short Conservatorship would apply. This kind of conservatorship is commonly referred to as an LPS conservatorship. Usually an LPS conservatorship may only be initiated for patients in a mental health facility on the recommendation of the facility's staff.

What types of powers will a conservator have? Depending on the type of conservatorship, a conservator may have the following powers, including but not limited to: determining the residence of the conservatee, consenting or withholding consent to medical treatment on behalf of the conservatee, access to confidential records of the conservatee, to contract, and investing the funds of the conservatee.

How long does a conservatorship last? A general conservatorship terminates on the conservatee's death or upon a court order. A limited conservator terminates not only by the death of the limited conservatee, or by court order, but also by the death of the limited conservator. An LPS conservatorship terminates automatically after one year or upon the death of the conservatee or court order. It can, however, be re-established for additional one year periods.

Will a proposed conservatee be notified of a petition for conservatorship? Yes. A proposed conservatee must be notified of a petition and his/her right to attend the hearing and oppose the petition. Also, the proposed conservatee must be notified of the right to an attorney. In a limited and LPS conservatorship the conservatee has an automatic right to an attorney paid for by the county if the person cannot afford to pay. In a general conservatorship, the conservatee can retain his/her own attorney or request the court to appoint an attorney if he/she has limited funds. In conservatorships, an employee of the court, called a “court investigator" will interview the proposed conservatee and make a report to the court on the appropriateness of the conservatorship. (A different investigation is performed for LPS conservatorships.)

How often are conservatorships reviewed? An LPS conservatorship must be renewed annually and this requires a new petition each year. The court reviews a limited conservatorship and general conservatorship one year from establishment and every two years thereafter. Generally, no court hearing is required unless requested by someone. A conservator of the estate must file periodic accountings with the court.

What are the responsibilities of a conservator? A conservator is a "fiduciary", meaning that the conservator must take actions only in the best interest of the conservatee and must act in good faith and with the utmost loyalty and concern for the conservatee. In making decisions the conservator must attempt to have the conservatee live in the least restrictive environment and to the maximum extent possible take into account the personal wishes of the conservatee. The conservator must appropriately exercise those powers granted by the court. A conservator will generally have no personal financial responsibility for payment of the conservatee's bills. A conservator will be expected to act reasonably in making decisions and managing the conservatee’s funds, and if negligent in do so, may face liability. At all times, a conservator’s action is subject to court supervision.

Are there actions a conservator cannot take? Yes. No conservator can consent to the sterilization of the conservatee unless a separate special court order grants that authority. A conservator cannot place the conservatee involuntarily in a locked mental health facility or a state developmental center unless there is a specific court order authorizing such placement. This authority can be included in the order appointing an LPS conservator. The conservator cannot consent to the use of experimental drugs or convulsive therapy with some exceptions for LPS conservators. A conservator has no control over the wages of the conservatee unless specifically authorized by the court. There are a variety of financial transactions that require specific court approval based on a showing of necessity.

Guardianship
Many jurisdictions use the term "guardianship of the person" to refer to the same legal principle. A person under conservatorship is a conservatee or protected person; a person under guardianship is a ward. In most states, a court visitor or some other investigatory person or agency must review the facts of the case and submit a report, usually required to be in writing, to the court. Court visitors are often required to be experts in some appropriate field, such as social work or law. Additionally, states may require a "guardian ad litem" to be appointed for the person. The guardian ad litem often is an attorney, but has more expanded duties and powers than an attorney. Procedures for conservatorship of an adult are often different from those for minors. Procedures for developmentally disabled persons are quite different from other conservatorships. There has been much national debate about the procedural protections for the conservatee/protected person. In many states, the guardian ad litem or court visitor may be picked by the petitioning attorney, rather than by a random process, and may not be truly independent. State law can, but does not always, provide requirements for the actions of the court visitor and guardian ad litem that are designed to protect the rights of the conservatee/protected person. Conservatorships were used by some concerned relatives of members of New Religious Movements (NRMs) to be removed from their religious communities to be deprogrammed. Lawyers for NRMs such as the Unification Church argued that conservatorships should not be issued without the judge seeing the person in question and giving him or her a chance to produce expert testimony opposing the conservatorship. They argued that deprogrammers were abusing the mechanism of conservatorships to justify what would otherwise be called kidnapping and false imprisonment. The ACLU reports that the temporary conservatorships granted in the Unification Church case violated the conservatee's rights to freedom of religion and association, per the finding of the California appeals court on the case.