The PRIMARY GOALS of The Conservatorship Center are to create an AWARENESS of the Conservatorship as a legal process, EDUCATE families about conservatorships and to EMPOWER the families we serve to provide for the continued care and protection of their Loved Ones after 18 years of age, through legal powers granted to them by the granting of Limited or General conservatorship
The conservatorship center Process
By way of background, The Conservatorship Center has successfully completed hundreds of granted conservatorship petitions throughout the County of Los Angeles in a manner consistent with our compassionate, understandable, reliable, SIMPLIFIED, and confidential approach towards the Families we serve by making the process straightforward and less stressful as follows:
A basic questionnaire is completed with the family to determine whether a Limited or General Conservatorship is appropriate under the facts; if so
The Center will then prepare all limited or general conservatorship petition documents for signing by the family
An IN-HOME appointment is made with the family to sign all conservatorship petition documents as required by the Los Angeles Superior Court
The Conservatorship Center files the petition with the Court on behalf of the family
Conservator attends the Court Hearing
Family receives their Letters of Conservatorship (“The Final Step”)
THE ENTIRE PROCESS THROUGH THE CONSERVSTORSHIP CENTER, INCLUDING THE PREPARATION OF DOCUMENTS, SIGNING OF DOCUMENTSN, FILING OF DOCUMENTS IN COURT AND THE COURT HEARING, WILL BE COMPLETED IN APPROXIMATELY 2 MONTHS
What is a conservatorship?
A Conservatorship petition is filed with the court when an intellectually disabled individual (the proposed “Conservatee”) becomes an adult yet is unable to provide independently for their own care and protection after the age of 18 and therefore, under a granted Conservatorship petition, an adult is EMPOWERED by the court to provide for those needs of the individual through legal powers granted by the Court
There are two types of Conservatorships processed by The Conservatorship Center:
A Limited Conservatorship of the Person
A General Conservatorship of the Person
A LIMITED CONSERVATORSHIP OF THE PERSON is for the care and protection of an adult Conservatee (“Loved One”) who has a disability that started before the age of 18 and must be:
Attending a Regional Center; and
Be 18 years old at the time of the court hearing
Intellectual Developmental Disabilities for purposes of a Limited Conservatorship may include:
Autism
Cerebral palsy
Epilepsy
Down Syndrome
Under a granted conservatorship petition, the conservator will be given certain legal powers they otherwise would not have had, without the benefit of the conservatorship to and are “Limited” to the following:
The right to access confidential records and papers of the limited conservatee
The right to fix residence or dwelling of the limited conservatee
To consent or withhold consent to marriage or registered domestic partnerships
The right to contract for the conservatee
The power to give or withhold medical consent
The power to control the limited conservatee’s social or sexual contacts
The power to make decisions concerning the education of the limited conservatee
GENERAL CONSERVATORSHIP OF THE PERSON:
A General Conservatorship is appropriate for adults with a chronic disability which has occurred after the age of 18 (such as Dementia or Alzheimer’s) and differs from a Limited Conservatorship in the legal powers granted to the Conservator to include:
Determining a secured facility for the conservatee; and
Administering medications
THE RIGHTS OF THE CONSERVATEE ARE RETAINED
The rights of the conservatee remain under a Conservatorship
By law, the Conservator must give regard to the wishes of the Conservatee as possible under the circumstances, so that the Conservatee may function at the highest levels as his or her ability permits. The Conservator must give due regard to the preferences of the Conservatee and to encourage the Conservatee’s participation in decision-making.
The Conservatee retains his or her following rights:
The Right to Vote
Being represented by a lawyer;
Ask the Court to replace the Conservator;
Ask the Court to terminate the Conservatorship;
Make or change his or her will
Receive personal calls
Directly receive and control his or her salary
Control an allowance paid directly to the Conservatee from the conservator)
Receive personal mail
Receive visits from family and friends
NOTICE OF CONSERVATEE’S RIGHTS:
The law requires that the Conservator prepare and deliver a Notice of Conservatee’s Rights to the Court and family under the conservatorship petition.
conservatorship terms
CAPACITY DECLARATION
A medical report on the Conservatee completed by a California licensed doctor or therapist of the conservatee and submitted with other petition documents filed with the Court providing the court an opinion of the conservatee’s condition with respect to a proposed conservatorship.
CONSERVATORSHIP PETITION
The conservatorship petition is a legal process for an adult (usually a family member) to be appointed by the court to provide for the care and protection of a disabled individual who is unable to provide independently for their own needs after the age of 18.
CONSERVATOR (or as the Petitioner)
An adult appointed by the Court to provide for the Conservatee’s continued care and protection. The Conservator may be self-represented and thereby would be referred to as “In Pro Per” or “attorney-in-fact”
CONSERVATEE (“Loved One”)
An adult the Court determines is unable to independently provide for his or her own care and protection.
CONSERVATEE’S RIGHTS
When an individual becomes a conservatee, they do not automatically lose their rights under the conservatorship which includes the right to vote.
CO-CONSERVATOR
While not required by law, upon the granting of the Petition, the Co-Conservator will have joint and equal powers with the Conservator regarding the care and protection of the Conservatee. A co-conservator is one who typically has involvement in the care and protection of the conservatee.
COURT APPOINTED COUNSEL (CAC-formerly referred to as the PVP)
The CAC is appointed by the Court to exclusively represent the interests of the Conservatee in all matters before the Court.
LETTERS OF CONSERVATORSHIP
(“Letters”) The Letters of Conservatorship are a certified court document showing your authority to act as Conservator with the legal powers granted by the Court such as accessing the Conservatee’s medical and other confidential records and information.
REGIONAL CENTERS
Nonprofit private corporations contracted with the State of CA to provide services and support for individuals with developmental disabilities throughout the County of Los Angeles.
TERMINATING THE CONSERVATORSHIP:
A limited or general conservatorship continues until one of the following occurs:
* The conservator or conservatee dies.
* Conservator resigns or is removed by the court: or
*The Court ends the Limited or General Conservatorship and appoints another as a Conservator
DISCLAIMER
The Conservatorship Center’s services shall be limited to the preparation and signing by the Petitioner of those Limited and General conservatorhsip petition documents required by the Los Angeles Superior Court.
The services provided by The Conservatorship Center (“TCC”) shall not constitute an Attorney-Client relationship between TCC and the Petitioner and that TCC does not provide legal counsel, advice or representation of any kind to the Petitioner, in any way.
STATEMENT OF CONFIDENTIALITY
The Conservatorship Center shall keep any and all of Petitioner’s documents, communications, personal information and other related matters, in strict confidence.