LIMITED CONSERVATORSHIP

When a developmentally disabled person becomes an adult, their parents lose the legal authority to make decisions for that person. Adults who are developmentally disabled and lack the capacity to perform some, but not all, of the tasks necessary to provide properly for his or her personal needs or manage his or her financial resources or partially unable to meet essential requirements for their physical health or safety, or who are unable to make informed decisions that affect their care, should have a limited conservator who is appointed by and supervised by the probate court.

A limited conservatorship allows the parents, siblings, and others to be granted the authority to make decisions on behalf of the developmentally disabled adult. Unlike a general conservatorship, in which the conservator has certain powers implied by law, in a limited conservatorship the conservator is only granted those powers that are specifically requested by the conservator.

Conservatorship of the Person: For a limited conservatorship of the person (the most common type of limited conservatorship), the powers typically asked for and granted by the court are:

• The power to contract on behalf of the disabled person (called a conservatee);
• The power to make medical decisions on behalf of the disabled person;
• The power to determine where the disabled person will live;
• The power to make educational and vocational decisions for the disabled person: and
• The power to access the disabled person's confidential records.

Other powers that can be asked for, but which may be granted, are the power to restrict the conservatee's social and sexual relationships and the power to sterilize the conservatee.

Conservatorship of the Estate: A conservatorship of the estate is necessary if the conservatee has substantial assets of his or her own. Typically, we would ask that a conservator of the estate be appointed if the conservatee had received, or will receive, an inheritance. Through the conservatorship, the conservator of the estate could then ask the court to allow the creation of a Special Needs Trust in which to place the inheritance, thus preserving governmental benefits for the conservatee.

Unlike a general conservatorship, a limited conservatorship requires:

• A regional center assessment;
• The proposed limited conservatee must be represented by legal counsel; the court has no discretion on this matter;
• Specific powers must be requested in the petition for appointment of the limited conservator of the person or of the estate;
• A limited conservator has a duty to secure such habilitation or treatment, training, medical and psychological services, and social and vocational opportunity as appropriate and as will assist the limited conservatee in the development of maximum self-reliance and independence;
• The court must inquire into the nature and extent of the proposed limited conservatee's intellectual functioning; and
• The death of the limited conservator terminates the conservatorship proceedings.

You should let Myers Urbatsch P.C. assist you in the preparation and submission of the appropriate work needed to do a Limited Conservatorship of the Person in California.

Guardianships for Minors

A guardianship is a court proceeding in which you a person is appointed to make personal or financial (or both) decisions for a minor child. Typical instances in which a guardian would be necessary are if the minor is the beneficiary of an insurance policy (guardian of the estate) or if the minor's parents have died or are unable to care for the minor. The Court can appoint a guardian of the person and, when relevant, of the estate as well.

Guardian of the Person of a Minor

A guardian of the person of a minor is an adult authorized to take physical control of a minor and provide care for the minor. This includes making medical and personal decisions concerning the minor's welfare. Guardians are usually the parents of a minor; however, there are times when a new guardian may need to be appointed. These circumstances include death of the current guardian, or any situation where the current guardian is unable to provide the necessary care or has neglected or abused their guardianship responsibilities.

A temporary guardian of the person of a minor can be appointed by the probate court to serve with, but not replace, a parent or guardian if that parent or guardian is unable to care for the minor for a period of time. A standby guardian of the person of a minor can be appointed by the probate court to replace a parent or guardian if that parent or guardian becomes permanently unable to care for the minor. Co-guardians can be appointed by the probate court to share the obligation of caring for a minor.

Guardianship of the Estate of a Minor

A guardian of the estate of a minor is an adult authorized to provide the legal care for, and control over, the financial affairs of a minor, with the minor retaining the beneficial interest in their property.

General Conservatorship

When the probate court determines that an adult is incapable of managing his or her own affairs, or unable to care for him or herself, the court can appoint a conservator to manage his or her financial or personal affairs, subject to oversight by the court.

Conservator of the Person

In a conservatorship of the person, a court-appointed fiduciary, the conservator, manages the personal care of a person who cannot properly provide for his or her personal needs for physical health, medical care, food, clothing, or shelter. The conservator decides where the conservatee lives and may be required to decide whether the conservatee should live at home or in an institution. The conservator must make sure that the place selected is the "least restrictive" appropriate alternative that is available and necessary to meet the individual's needs.

Conservator of the Estate

In a conservatorship of the estate, a court-appointed conservator manages the financial affairs of a person who is substantially unable to manage his or her own financial resources or to resist fraud or undue influence. The conservator's primary responsibility is to conserve, manage, and use the conservatee's property in California for the benefit of both the conservatee and those whom he or she is obligated to support.