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Topic: Conservatorship

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	Conservatorship
		A conservatorship may also be created for a minor who is married or whose marriage has been dissolved, and who otherwise meets the criteria for an adult conservatorship, or for a member of the uniformed services or other agency of the United States, who is officially determined to be missing.
		Conservatorships are heard in the probate department of the superior court.
		A Lanterman-Petris Short or LPS Conservatorship may be established to arrange placement and mental health treatment for persons who are unable to provide for their food, clothing or shelter as a result of a mental disorder, chronic alcoholism or substance abuse.
	www.ventura.courts.ca.gov /conserva.htm (396 words)

	Conservatorship
		Conservatorship is a proceeding used when an adult is unable to care for his or her personal and or financial well being.
		In this type of conservatorship, the powers of the conservator are limited so that the disabled person may live as independently as possible.
		Since conservatorships are an infringement on one's control over his or her person and/or estate, compliance with all legal requirements is very important.
	www.fresnosuperiorcourt.org /probate/conservatorship.php (411 words)

	Lanterman Petris Short (LPS) Conservatorship
		When you are on conservatorship, the court may limit your right to vote, to enter into contracts, to drive or to own a firearm.
		The LPS conservatorship can last for a maximum of one year at a time, and can be renewed in court at the end of the year.
		If your doctor of person responsible for your care believes that you need to be put on conservatorship because you have a mental disorder that keeps you from being able to provide food, clothing and shelter for yourself, he or she may make a recommendation to the person in the county who does conservatorship investigations.
	www.pai-ca.org /Pubs/522501.htm (1053 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		Conservatorship is a legal proceeding in which an individual or agency (to be known as the "conservator") is appointed by a court to be responsible for a person who needs assistance in activities of daily living (the "conservatee").
		If you are the parent of an adult child who is developmentally disabled, conservatorship may provide you with the authority to speak on behalf of your son or daughter, or to play a role in his or her care, which you would not otherwise have.
		In every conservatorship involving a person who is developmentally disabled (subject to the consent of the proposed limited conservatee) the appropriate regional center must perform an assessment of the proposed conservatee and submit a report to the court.
	www.empowermentzone.com.cob-web.org:8888 /conserve.txt (6941 words)

	Conservatorship - Wikipedia, the free encyclopedia
		A conservatorship is a court order that some property or a person be subject to the legal control of another person or entity.
		Conservatorships were used by some concerned relatives of members of New Religious Movements (NRMs) to be removed from their religious communities to be deprogrammed.
		Lawyers for NRMs such as the Unification Church argued that conservatorships should not be issued without the judge seeing the person in question and giving him or her a chance to produce expert testimony opposing the conservatorship.
	en.wikipedia.org /wiki/Conservatorship (351 words)

	Kern County Aging and Adult Services - Protective Services FAQs
		Conservatorship is a legal process that appoints a representative to be legally responsible for making decisions regarding the personal and/or financial needs of an individual who is declared to lack the capacity to properly provide for those needs.
		Due to the complex legalities involved with conservatorship it may be best if a private conservator is represented by his/her own attorney, but it is possible for a person to file for conservatorship on his or her own.
		Probate conservatorship of the person is initiated for an individual who is unable to provide for his or her personal needs for physical health, food, clothing, or shelter.
	www.co.kern.ca.us /aas/protectiveservices_faq.asp (2888 words)

	Seniors Probate and Planning (Site not responding. Last check: 2007-10-13)
		Conservatorships are subject to court supervision which provides a powerful safeguard for an incapacitated adult's property.
		A conservatorship also allows for the management of an incapacitated person's affairs when he or she does not have an alternative mechanism in place to do so.
		Conservatorships are time-consuming and expensive; they often require court hearings and the ongoing assistance of a lawyer.
	www.ag.state.mn.us /consumer/seniors/Probate/Probate_2.htm (2609 words)

	LPS Conservatorship - Protection & Advocacy, Inc. (PAI)
		Conservatorship is defined as "service designed for the financial and personal protection of individuals deemed to be gravely disabled under the provisions of the [LPS] Act." 9 CCR §548(b).
		Conservatorship proceedings may be initiated for any person committed to a state hospital or local mental health facility or placed on outpatient treatment upon the recommendation of the professional person in charge of the facility or his/her designee to the conservatorship investigator of the county of residence of the person.
		Prior to the court hearing, the conservatorship investigator conducts an investigation and submits a report to the court which contains recommendations concerning "the powers to be granted to, and the duties to be imposed upon the conservator, the legal disabilities to be imposed upon the conservatee, and the proper placement for the conservatee...
	www.pai-ca.org /pubs/508201.htm (1016 words)

	Conservatorship
		This procedure is commenced by the Petitioner, the adult, completing and filing a Petition for the appointment of a conservator, Franklin County Form 20.0A, with the Probate Court.
		The conservatorship procedure also involves the completion and filing of many related pleadings, and the matter must be set for hearing before the Court.
		A properly established Conservatorship grants the petitioner, the competent adult, the safety and peace of mind of having a trusted person appointed for assistance while affording Court supervision of the process.
	www.co.franklin.oh.us /probate/departments/conservatorship.cfm (561 words)

	Conservatorship and Legal Guardianship in New Jersey. NJ Law Firm McHugh and Macri
		You may be able to avoid the need for conservatorship or legal guardianship with a properly executed durable power of attorney.
		In New Jersey, a conservatorship is generally more limited than a legal guardianship and is a voluntary step taken by the ward.
		Like a legal guardianship, a conservatorship is a court-ordered relationship between a caregiver and a person who's unable to make sound decisions due to old age or mental or physical disability.
	www.mchughandmacri.com /conservatorship-legal-guardianship.htm (480 words)

	Fact Sheets: What You Need to Know about Probate Conservatorships
		In this kind of conservatorship, a conservator is appointed to represent a person who is "gravely disabled." LPS conservatorships are designed for persons with serious mental disorders, or who are impaired by chronic alcoholism.
		To obtain a conservatorship, the proposed conservator must be bondable; that is, a surety agency must be willing to issue a bond ensuring that the conservator will faithfully execute his or her duties.
		Conservatorships are public proceedings: the conservatee’s assets, income, and expenses become a matter of public record.
	www.canhr.org /factsheets/fs_conservatorships.htm (2511 words)

	San Luis Obispo County Public Health Department
		A conservatorship is established when the Superior Court holds a hearing and a judge appoints a conservator to manage the financial and/or personal care needs of an individual who is either physically or mentally unable to properly provide for these needs alone.
		A probate conservatorship remains in effect indefinitely, usually until the conservatee can show that he or she is again capable of handling his/her own affairs appropriately, or until a suitable alternative such as a representative payee is found.
		An L.P.S. (Lanterman-Petris-Short) conservatorship is for a person who is gravely disabled (as the result of a mental disorder) and is unable to provide for his/her basic personal needs for food, clothing or shelter, and requires placement in a state mental institution or other facility for psychiatric treatment.
	www.slopublichealth.org /familyhealth/public_guardian2.htm (509 words)

	Child Custody and Visitation in Texas
		A conservatorship order should be sought when you are separated and not divorcing, when you are divorcing, or when a paternity or legitimization suit has been filed.
		Joint Managing Conservatorship means the sharing of the rights, privileges, duties and powers relating to their child by two parties, even if the exclusive power to make certain decisions may be awarded to one party.
		By law, Courts shall consider the qualifications of a spouse or party without regard to their marital status or to the sex of the party or the child, in determining whether to appoint either parent or party as the a sole managing conservator or appoint the parties joint managing conservators.
	www.houston-familylaw.com /conservatorship.htm (1596 words)

	M. ROBIN MORRIS South Carolina Elderlaw - Guardianship and Conservatorship
		Conservatorship is a mechanism established by the probate court that allows an appointed person to make financial decisions for another.
		In a conservatorship proceeding, incapacity is defined as "unable to manage his property and affairs effectively and the person has property which will be wasted or dissipated unless proper management is provided" S.C. Code Ann.
		While guardianships and conservatorships are there if a person has not worked out a plan for handling incapacity, these alternatives are cumbersome and public.
	morris.law.home.att.net /guard.htm (962 words)

	California Registry - Conservatorship
		A conservatorship is a legal proceeding where one person or entity, called the “conservator” is appointed by a judge to manage the affairs of another person called the "conservatee".
		Usually an LPS conservatorship may only be initiated for patients in a mental health facility on the recommendation of the facility's staff.
		Depending on the type of conservatorship, a conservator may have the following powers, including but not limited to: determining the residence of the conservatee, consenting or withholding consent to medical treatment on behalf of the conservatee, access to confidential records of the conservatee, to contract, and investing the funds of the conservatee.
	www.calregistry.com /resources/conservator.htm (933 words)

	So Now You Are a Conservator - For the Public - Colorado Bar Association
		In such cases, conservatorship funds would not normally be spent for normal, day-to-day living expenses (food, clothing, transportation, current education, etc.) since receipt of the personal injury proceeds does not affect the parent’s continuing obligation of support.
		A conservatorship terminates upon the death of the protected person or by order of the court determining that the conservatorship is no longer necessary or needed to protect the assets of the protected person.
		When the protected person dies, the conservatorship assets will be distributed to the decedent’s estate or successors, or as ordered by the court, and a final accounting will be made to the personal representative of the decedent’s estate.
	www.cobar.org /group/display.cfm?GenID=421 (2472 words)

	Probate Court Mental Health (LPS) Conservatorship
		LPS conservatorships are not for people with organic brain disorders, brain trauma, retardation, alcohol or drug addiction, or dementia, unless they also have one of the serious brain disorders listed in the DSM.
		An LPS conservatorship gives legal authority to one adult (called a conservator) to make certain decisions for a seriously mentally ill person (called a conservatee) who is unable to take care of him/ herself.
		The Court not establish conservatorship because it is not needed.
	www.scselfservice.org /probate/adult/lpsconservator.htm (2129 words)

	Conservatorship in Arizona
		It is a very good idea for all conservators to record a copy of their letters of conservatorship with the county recorder.
		At the conclusion of the conservatorship, the conservator will ordinarily be required to file a final account which must be approved by a judge.
		Once the conservatorship is successfully established, the Conservator, subject to Court approval, can reimburse himself the reasonable cost of attorney's fees and administrative expenses from the estate of the Ward.
	www.tucsonelderlaw.com /conservatorship-in-arizona.htm (749 words)

	Legal Source Directory - Because We Know Legal: Conservatorship of Katz
		Petitioner requests the appointment of the proposed conservator for the purposes of litigating the above mentioned civil action as he cannot make decisions relating to the action on his own due to the disorder." Katz explained there was immediate need for appointment of the conservator because, "current civil litigation has statute which needs addressed.
		He also rejected the alternative to conservatorship and stated, "The problem with the guardian ad litem as opposed to a conservatorship is it doesn't necessarily allow them to act on Mr.
		Katz's behalf as much as a conservatorship would." The court ruled: "I do not feel that there is sufficient medical or psychiatric information that shows the inability of [Katz] to participate in the proceedings, particularly when we consider the possibility of alternatives.
	www.fearnotlaw.com /articles/article7081.html (1476 words)

	The Conservatorship - Information About Conservators and Conservatorships
		Conservators - A conservatorship is a legal right given to a person to be responsible for the assets and finances of a person deemed fully or partially incapable of providing these necessities for himself or herself.
		In some jurisdictions, a conservatorship may be referred to as a "guardianship of the estate", or by some similar alternative name.
		It is possible to avoid the necessity of a conservatorship through estate planning.
	www.expertlaw.com /library/estate_planning/conservatorship.html (1306 words)

	What Is A Conservatorship?
		A conservatorship is a court action which appoints someone to handle your money and property.
		A conservator is appointed when the court determines you cannot manage your own property and affairs for reasons such as a mental or physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance.
		In addition to a limited conservatorship, there are a number of alternatives that can be used.
	www.legalassist.org /brochures/331_conservatorship.html (496 words)

	conservatorship
		During the course of the statewide SCAO conservatorship file review process, many courts reported that they had developed a particular method or practice to strengthen their management of conservatorship cases.
		Require that minor conservatorship assets be deposited in a restricted bank or investment account when money is not needed to provide ongoing support for the minor.
		If the conservatorship is for a minor, note the minor's 14th birthday and add the minor to the list on his/her 14th birthday.
	courts.michigan.gov /scao/resources/bestpractice/conservatorship.htm (1375 words)

	Texas Family Law: Custody: Joint Managing Conservatorship
		If both parents are appointed joint managing conservators of the child, either by agreement between the parties or by court order, the court shall specify the rights and duties of a parent that are to be exercised by each parent independently, by the joint agreement of the parents, and exclusively by one parent.
		Joint managing conservatorship is defined as the sharing of the rights and duties of a parent by two parties, ordinarily the parents, even if the exclusive right to make certain decisions may be awarded to one party.
		Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators.
	www.jerrymelton.com /jmc.htm (500 words)

	Wayne Country Probate Court - Guardianship/Conservatorship for Adults
		Anyone, including the adult, may file a petition to terminate the guardianship or conservatorship or to have a different guardian or conservator appointed.
		When the adult is no longer an incapacitated individual or dies, the court should be notified immediately so that the guardianship or conservatorship can be ended and the court’s case closed.
		Before the conservator can be discharged, a Final Account will have to be filed and approved by the court and the court will have to be satisfied that the adult or his or her estate has received whatever assets remain.
	www.wcpc.us /services/adultgc.HTM (1112 words)

	Distinguished Conservatorships
		The two types of conservatorships encountered in psychiatry are LPS Conservatorship and Probate Conservatorship.
		LPS conservatorship - In the state of California, the Lanterman-Petris-Short Act gives mental health care workders the right to petition the county of residence for a conservatorship when someone meets criteria for grave disability.
		The Temporary Conservatorship must be applied for during the period of the 5250.
	www.stanford.edu /~johnbrks/theCafe/legal/conserve.html (473 words)

	Office of Elder Services - Mandated Reporting APS Website (Site not responding. Last check: 2007-10-13)
		Seeks guardianship and/or conservatorship of adults who are unable to make decisions for themselves and have no family or friend suitable and available to make the decisions for them.
		Public conservatorship appointments are made to protect, preserve, manage and apply estates of incapacitated adults.
		When guardianship or conservatorship is sought, the client has a right to an attorney to represent him/her in court.
	www.state.me.us /dhhs/beas/aps/training/apsunit5a.htm (432 words)

	What is a "Conservatorship"
		A conservatorship is a court proceeding that grants one (or more) person(s) the authority to make financial or health care decisions for another because of a mental or physical incapacity that renders a person unable to make informed and sound decisions.
		To insure this, court evaluation, supervision and monitoring of the conservatorship is established.
		A conservatorship over the person is recommended when a proposed conservatee is unable to provide for his or her own food, clothing, and shelter.
	www.vitalco.net /ElderLawMag/Conservatorship1.htm (472 words)

	The Minnesota Association for Guardianship and Conservatorship is a nonprofit organization founded to explore ...
		The Minnesota Association for Guardianship and Conservatorship is a nonprofit organization founded to explore substitute decision-making for vulnerable individuals.
		The Minnesota Association for Guardianship and Conservatorship is a nonprofit organization founded in 1989 to explore substitute decision-making for vulnerable individuals.
		Education and a forum are provided for those interested in guardianship and conservatorship and their less restrictive alternatives.
	www.minnesotaguardianship.org (129 words)

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