A conservatorship is a court case where a judge appoints a person or organization responsible for caring for another adult who is unable to handle themselves and their financial needs. Here’s what you need to know about emergency conservatorships in California.
In the case of a conservatorship, the California Probate Code defines the term “emergency” as a circumstance that is likely to cause substantial harm to the health, safety or welfare of someone, known as the conservatee, and for which the appointment of a person or organization to care for them, known as the conservator, is necessary.
Types of Conservatorships
Probate Conservatorships
In California, there are two types of conservatorships: probate conservatorships and Lanterman-Petris-Short conservatorships.
Probate conservatorships are based on the laws of the California Probate Code, and are the most common type of conservatorship. There are two types of probate conservatorships: general conservatorships and limited conservatorships.
General conservatorships are for adults who are generally unable to take care of themselves or their finances. This type of conservatorship usually applies to elderly people, but could also apply to young people who experienced serious impairment.
Limited conservatorships are for adults with developmental disabilities who are unable to fully take care of themselves or their finances. These individuals don’t require as much care as those with general conservatorships.
Related: Conservatorship in California: The Basics
Lanterman-Petris-Short Conservatorships
LPS conservatorships are for adults with serious mental health conditions that require special care, such as restrictive living conditions or extensive treatment. These conservatorships must be started by a local government agency. For more information on LPS conservatorships, contact your local Public Guardian or Public Conservator.
Related: LPS (Mental Health) Conservatorship in California
How Does an Emergency Conservatorship Work?
An emergency conservatorship works similarly to a regular probate conservatorship, but is temporary in nature until a more permanent conservatorship can be arranged. When a conservatorship is needed right away, as in the case of an emergency conservatorship, the court may appoint a temporary conservator for the conservatee, until a general conservator can be appointed.
The main duties of the temporary conservator include arranging the temporary care, protection and support of the conservatee, as well as looking after the conservatee’s finances and property. Temporary conservatorships are appointed for a specific period of time, usually 30 to 60 days.
FAQs About Emergency Conservatorships in California
Why would someone need to get an emergency conservatorship?
An example of a case in which someone would need an emergency conservatorship is if substantial harm is caused to the conservatee, and they have no one with the authority or willingness to act on behalf of them in taking care of themselves or their finances. Conservatorships are usually established for impaired, usually older, adults.
Who can file for a conservatorship?
Many people can file for a conservatorship, including the proposed conservatee’s spouse or domestic partner, relative, any interested state or local entity or agency, any interested person or friend of the proposed conservatee, or the proposed conservatee themself.
Who can be a conservator?
A conservator is usually a close family member or friend of the conservatee. However, if the conservatee has no available family members or friends, another individual deemed fit by the court may be appointed to look after the conservatee and their financial needs.
What makes an emergency conservatorship different from a probate conservatorship?
An emergency conservatorship is established if there is a circumstance present that is likely to cause substantial harm to the health, safety or welfare of the conservatee. This differs from a probate conservatorship, which doesn’t require such circumstances. Emergency conservatorships are often able to be granted faster because of the presence of an emergency circumstance.
How much does a conservatorship cost?
The petition for the appointment of a conservator costs $435 according to the statewide civil court fee schedule. Fee waivers are available to assist with costs. There may also be other additional costs on top of the court fees, including that of attorney fees, legal fees and conservator’s fees.
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If you have any more questions about emergency conservatorships in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal situation. Get your free consultation with one of our Conservatorship Attorneys today!