Conservatorships protect mentally or physically incapacitated persons by appointing someone to care for their health and/or financial decisions. In a Conservatorship of the person, the Conservator is responsible for health care decisions and ensuring the Conservatee’s basic living needs are met. In a Conservatorship of the estate, the Conservator is responsible for managing the Conservatee’s assets. A Conservatorship may be permanent, limited, or temporary, depending on the type and duration of incapacity.
GENERAL COUNSEL’S ROLE
Conservatorships are necessary for those who do not have a durable power of attorney in place. A durable power of attorney is a written document appointing a person to make your health care decisions and manage your assets, in the event of your incapacitation. This is a document which is included in your estate plan. Failing to plan ahead for incapacitation will result in a court appointed and court-supervised Conservator, which will make your incapacity public information. Planning your estate can prevent this costly and time-consuming process.
Conservatorships for mental health such as schizophrenia bi-polar disorder, Schizo-affective Disorder, Clinical Depression, and Obsessive Compulsive Disorder are filed by the Public Guardian in the local county. Information about the San Diego Public Guardian can be found here. Private attorneys cannot file LPS conservatorships, they must be filed but the Public Guardian.
If you have questions regarding conservatorships, please call us today for a free consultation at (619) 535-1405.
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