involuntary conservatorship

[stevepaa]

Anyone done an involuntary conservatorship?

[Dueller]

yup...varies from state to state.

[Dueller]

Conservatorship
California conservatorship law provides that a court may appoint a conservator--similar to a guardian--should the person ever become mentally or physically incapable of making personal or financial decisions. The conservator may be appointed as a conservator of the person or a conservator of the person's estate, or both. A limited conservator may be appointed to manage the person or the estate of a developmentally disabled adult. The purpose of a conservatorship is to protect and provide for adults in need of such assistance, in accordance with the best interests of those in need.

To create a conservatorship, a petition may be submitted to the court by any person, including any of the following:


The proposed conservator

The proposed conservatee (the person in need of a conservator)

The spouse or a relative or friend of the proposed conservatee, or another interested person

An interested state or local agency, employee of the agency, or public officer
Usually a petition is made by a family member or close friend concerned about the person's competence to manage property or make personal decisions. The petition must include the name, address, and other information about the proposed conservator and conservatee, relatives, and the petitioner, and the reasons why a conservatorship is necessary. Also required is information about:


The proposed conservatee's inability to provide for clothing, food, health, and shelter

Whether the proposed conservator will be able to live in the conservatee's residence

The other alternatives considered and rejected by the petitioner

Health and social services the proposed conservatee received during the year preceding the petition

The proposed conservatee's inability to manage his or her finances
The petitioner has the burden of showing good cause why the conservator should be appointed by the court.

For many families, conservatorship causes a drastic change in the family relationship, especially when not all family members agree that a petition for conservatorship should be filed. Some of this potential stress can be avoided if aging people create documents such as a durable power of attorney for health care while they are legally competent.

[stevepaa]

pm sent