What is a conservatorship?

Conservatorship proceedings are initiated in order to have a family member, friend or fiduciary appointed to handle the personal care and/or financial affairs of the conservatee.  There are three types of conservatorship actions:

A limited conservatorship (PrC 1827.5. 1828.5. 2351.5) is only for a person who is developmentally disabled.  In this type of conservatorship the powers of the conservator are limited so that the disabled person may live as independently as possible.

An LPS (Lanterman-Petris-Short) conservatorship (W&I 5350-5371) is for a gravely disabled person who may be a danger to themselves or others and requires hospitalization in a psychiatric facility.  An LPS conservatorship requires the annual reappointment of the conservator.  A person under an LPS conservatorship may be placed in a locked facility. There are many extra protections in LPS conservatorships to insure that the conservatee’s civil rights are not being violated.  LPS conservatorships are confidential cases.

A general probate conservatorship (PrC 1800, et seq.) is for all other adults who are unable to provide for their personal needs due to physical injury, dementia or other reasons rendering them incapable of caring for themselves or making them subject to undue influence.