California law allows family members to get an emergency conservatorship for their loved one. A conservatorship is a court process which allows a person to get legal control over and make decisions about another person’s finances and health. The California Probate Code specifies the factual basis a person must meet to get an emergency conservatorship. Below is an overview of the different types of conservatorship and how to get an emergency conservatorship in California.
Get an Emergency Conservatorship!
The forms required to get an emergency conservatorship are voluminous. At A People’s Choice, we can help you draft and file all the paperwork needed to get a temporary conservatorship. Keep in mind, a conservatorship is only appropriate for a person who is unable to handle their day-to-day affairs due to a severe illness such as dementia or a critical medical condition such as a stroke. Read on to learn more.
Steps to Get an Emergency Conservatorship in California
To get a California emergency conservatorship, the proposed conservator must meet the following requirements:
- The petitioner must show that emergency conditions exist;
- The proposed conservatee will suffer harm if the court waits to discuss the matter during a regular conservatorship hearing;
- The proposed conservator has provided all interested parties with proper notice; and
- The proposed conservator can provide for the proposed conservatee.
It is important to realize that prospective conservators may have a hard time proving to the court that emergency circumstances exist which support the court making a temporary order. Contact us for more information about some of the hardships you may face when trying to get an emergency conservatorship for your loved one or friend.
If you are not in need of an emergency conservatorship you may interested in a How to Obtain a California Adult Conservatorship
Emergency Conservatorship Overview
There are three types of conservatorships: 1) General Conservatorship, 2) Limited Conservatorship, and 3) Lanterman, Petris, Short Conservatorship. Provided there is a valid reason for a conservatorship, a general conservatorship allows a person to have complete control over the conservatee’s person or finances. As mentioned above, a conservatee is a person who is deemed incompetent to handle their personal affairs by the court. In addition, a limited conservatorship may be granted to allow the conservatee to have control over their finances but not necessarily their medical health. This type of conservatorship limits the duties of the conservator over the conservatee and is for people with developmental disabilities. On the other hand, a LPS conservatorship involves the involuntary civil commitment to a mental institution.
In this regard, a request can be made to have conservatorship over the estate or person or both. More specifically, a conservatorship of the person allows the conservator to make decisions about the conservatee’s day-to-day life. These decisions include deciding where the conservatee lives, receives medical care and approving medical procedures on the conservatee’s behalf. On the other hand, a conservatorship of the estate allows the conservator to manage the conservatee’s assets and finances. These financial duties include paying the conservatee’s bills and collecting income on the conservatee’s behalf.
Specifically, a temporary conservatorship appointment allows the court to appoint someone as a conservator immediately. Moreover, once named, they can and make immediate decisions on the conservatee’s behalf until a permanent, general conservatorship is appointed or another court condition is satisfied.
In conclusion, there are many steps required to get a California conservatorship, and you will be required to complete a multitude of local and judicial council forms. Because of the complexities of an emergency conservatorship, we strongly recommend that you work with an experienced legal document preparer like A People’s Choice to complete the forms. You can find pricing for our conservatorship services here. If you have questions, please call us at 800-747-2780.
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