What Are the Types of Conservatorship?

Conservatorships are legal arrangements designed to protect individuals who are unable to care for themselves or manage their own affairs. Understanding the different types of conservatorship is crucial for families and caregivers looking to support loved ones. This blog outlines the main types of conservatorships, who they protect, and how they differ, providing a clearer picture of this legal tool.

Types of Conservatorship

The term "conservatorship" encompasses several distinct forms, each tailored to specific needs. Here, we explore these different types of conservatorship:

• General Conservatorship: This type is most common and applicable to adults who cannot care for themselves or manage their finances due to age-related health issues or disabilities. The conservator is responsible for overseeing personal care, medical decisions, and financial matters.
• Lanterman-Petris-Short (LPS) Conservatorship: Specifically for individuals with severe mental health disorders, LPS conservatorships involve more restrictions and are typically initiated by mental health professionals. The focus here is on providing necessary treatment and care for the conservatee.
• Limited Conservatorship: Tailored for adults with developmental disabilities, this conservatorship allows for limited control, enabling the individual to retain some decision-making rights while receiving assistance in specific areas like medical or financial management.
• Temporary Conservatorship: An interim measure, temporary conservatorships provide short-term solutions during emergencies or while waiting for a permanent arrangement. They allow immediate intervention to protect an individual’s well-being or estate.

Who Do Conservatorships Protect?

Conservatorships are designed to protect individuals who cannot make informed decisions due to mental or physical limitations. This includes elderly individuals with dementia, adults with serious mental illnesses, and those with developmental disabilities who require assistance in managing daily tasks and finances.

Differences Among Conservatorships

The primary differences among the various types of conservatorships lie in the scope of authority and the specific needs they address. General conservatorships grant broad control over personal and financial affairs, while LPS conservatorships are narrowly focused on individuals with mental health issues. Limited conservatorships cater to the developmental needs of individuals, balancing support with autonomy. Temporary conservatorships serve an urgent need until a more permanent solution is established.

Choosing the right type of conservatorship depends on the specific circumstances and needs of the individual requiring protection. Understanding these distinctions helps families and caregivers make informed decisions that best safeguard their loved one's interests.

If you’re considering starting the conservatorship process or need guidance on which type of conservatorship is appropriate, our team is here to assist. Contact us today for a consultation to explore your options and find the right path forward.