Conservatorship
The Conflict Program appoints attorneys to assist people in conservatorship cases.
The Conflict Program’s appointed attorneys provide indigent defense to people involved in conservatorship cases in Contra Costa county. The Conflict Program attorneys understand the intricacies of conservatorship matters and are committed to safeguarding the rights and best interests of their clients.
What is a conservatorship?
A conservatorship in the state of California is a legal arrangement where a court appoints a responsible person or entity (the conservator) to manage the personal care and/or finances of another individual (the conservatee) who is unable to do so themselves due to age, physical or mental limitations, or other factors. The purpose of a conservatorship is to provide protection and support for individuals who are unable to make decisions or manage their affairs independently.
A conservatorship is established through a legal process that involves filing a petition with the court, providing evidence of the conservatee’s incapacity, and demonstrating the need for a conservator. The court carefully evaluates the circumstances and appoints a conservator if it is determined to be in the best interest of the conservatee. The court oversees the conservatorship to ensure that the conservatee’s rights are upheld and that the conservator fulfills their duties responsibly.
There are two main types of conservatorships:
The court strives to balance the autonomy and rights of the conservatee while providing necessary protection and assistance.
This type of conservatorship grants the conservator authority over the personal care and well-being of the conservatee. The conservator is responsible for making decisions regarding the conservatee’s daily living arrangements, medical treatment, and other personal matters.
This type of conservatorship gives the conservator authority over the conservatee’s financial affairs. The conservator manages the conservatee’s assets, income, expenses, and financial transactions, ensuring that their financial interests are protected.
Conservatorship Proceedings:
- The Conflict Program represents individuals who are alleged to be gravely disabled or a danger to themselves or others due to mental illness or developmental disability.
- Our lawyers advocate for mental health patients contesting their involuntary treatment under the Lanterman-Petris-Short Act and related sections of the Welfare and Institutions Code.
- These laws define conditions for involuntary hospitalization and protect the rights of individuals facing civil commitment, ensuring due process and constitutional rights.
- An LPS Conservatorship, focusing on the person's well-being, differs from a probate conservatorship managing their finances.
- In an LPS Conservatorship, a court-appointed person acts in the best interest of a gravely disabled individual, ensuring their basic needs for food, clothing, shelter, and psychiatric care are met if necessary.