When dealing with conservatorship there are two types to be aware of: the conservatorship of an entity or organization and the conservatorship of an individual. Conservatorship is a legal concept in the United States where an entity or organization is assigned to the legal control of another entity or organization, most commonly known as the conservator. Regarding the individuals, conservatorship is associated with the legal responsibilities over a person who is dealing with mental illness or someone who is incapacitated to such an extent where they aren’t able to make legal, medical or financial decision for their own self.
Conservatorship can be established by having a court order to an individual person, or by a statutory or regulatory authority when it is associated with an organization. In the California court system, conservatorship is a legal term that refers to an individual that is believed to be gravely disabled by the court and unable to meet their basic needs for food, clothing, and shelter without relying heavily on others for these necessities of life.
Conservatorships are most commonly enforced for the severely mentally ill individuals, those who are seriously disabled, individuals with developmental disabilities, and elderly adults with Alzheimer’s disease or Dementia who lack the capacity to properly care for themselves. When you are dealing with a conservatorship case, mental capacity can be assessed and determined by experts in the medical or psychiatric field, with their findings being submitted to the court as evidence. A conservator’s duties may include the following:
- Locating and controlling assets and property that belong to the conservatee
- Using those assets to buy food for the conservatee
- Securing and paying for placement in a facility which will take care of the conservatee
- Paying the conservatee’s bills
- Managing the conservatee’s real estate property and paying their property insurance
- Paying the conservatee’s mortgage or rent
- Paying for maintenance of the conservatee’s property
A conservatorship might also have medical responsibilities if the court grants medical authority to him or her. Conservatorships, in general, are only granted over an estate if the conservatee has assets that need to be looked after and protected. In the state of California, the laws on conservatorship are governed by the California Probate Code, and the California Welfare and Institution Codes.
If your family member is unable to make legal decisions for themselves, we urge you to contact NM Law, APC to schedule a consultation to discuss the possibility of a conservatorship. Noelle Minto understands how unfamiliar and overwhelming conservatorship matters can be, and NM Law, APC are here to help.
Reasons to retain an estate planning lawyer like Noelle Minto:
- Serving Orange County for over 15 years
- Detailed understanding of California estate & probate laws
- Personal attention and counsel from Noelle Minto
- Focused on the needs of each individual client
- Long-term perspective and goals
- Client needs are always first priority
Contact our firm as soon as possible if you are looking to seek a conservatorship in order to care for your loved one. Speak with NM Law, APC and learn how we can provide the guidance that you need.
CONTACT NM LAW, APC