The Protection Of People Under Conservatorship

By Martha Murphy


Conservatorship is the process of assigning a guardian or a protector by the judge to another person. This is done to manage a persons life of financial affairs for the reason of having any physical or mental limitations. The one who protects is called the conservator. In some other terms, it refers to the legal responsibilities of a person to another who has a mental illnesses such as psychotic, demented, suicidal and cannot be able to make decisions on their own legally.

There are two types of this and these are the lanterman petris short and the probate. Probate type of conservatorship Los Angeles is being governed by the probate code. Probate is sub divided into two parts which are the general and limited conservatorships.

Adult conservatees or the old ones and even the younger children that are seriously impaired and cannot take care of their selves when talking about their finances, are under general conservatorship. While in limited conservatorship, the people that are categorized here are those that do not need so much care such as adults having developmental disabilities.

Lanterman petris short or usually called as L P S is utilized for the adults who are seriously having mental illnesses and who needs high level of care. And these are people who are locked in their homes and those people who used drugs. It also involves the people who have incapability to provide their own shelter, food, and clothing.

The lanterman petris short conservatorship will only last for one year. So if it is needed for a longer time, the one being appointed must be restarted and re appointed again by the judge. A family of conservatee may be appointed as the L P S conservator but this only happens in the first year.

The court may select a conservator for the person, for the estate, or for both. But this will be dependent on the conservatee needs. A conservator for the person will be selected if the judge decides that conservatees cannot protect and care for themselves. The conservator must see to it that they are provided with clothing, food, and shelter. Also, he will decide for medical choices if they cannot decide for it.

A conservator of the estate is the one who will be handling all the financial properties. These would include the payment of bills and the collection of persons income. This is being appointed as well if the judge will decide that the conservatee cannot do it.

Anyone can file this. It can be the domestic partner or the spouse, his or her relative, any entity or agency, friend or someone who is close, and also the conservatee himself or herself. If he or she cannot be able to choose anyone, the law will be providing a list that the court follows if ever the court has qualified all those persons to serve as a guardian.

The order of the list preference is the domestic partner or spouse, elder child, either of the parents, sibling, someone in the law, or any public guardian. But if the selected person does not want to get the job, he or she will be choosing another one. But still, in the end, a judge will decide on it.




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