Conservatorship

In California, a conservatorship is a court proceeding where a conservator is appointed to make health care and financial decisions for an incapacitated adult i.e. someone eighteen or older.  Incapacity can be the result of an accident, illness or disease such as dementia, developmental delays or for any other reason.   An Advance Health Care Directive or Power of Attorney executed prior to incapacity avoids the need for a conservatorship proceeding.

Candidates for conservatorship can be, although are not limited to, those who suffer from Alzheimer’s disease, stroke, head injuries, Autism, Parkinson’s and other debilitating disorders.  Adult Persons, age 18 and older, who are determined by their physician to lack capacity.  Alternatively, persons born with developmental delays or physically disabled may also need a conservatorship upon attaining age 18.

In California, a Guardianship is the court proceeding used to appoint a guardian for a person who is under age eighteen.  However, if your minor child has Autism (or another disorder that prevents them from functioning as a competent adult) you should consult with an attorney approximately six (6) months prior to your child’s eighteenth (18th) birthday in order to start the process of becoming appointed as conservator.

Conway-Spatola Law can help your family through this often stressful situation and assist by petitioning the court to become the conservator of an incapacitated family member, friend or loved one.

 

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