With all the new around regarding conservatorship, you must be wondering what exactly it is all about. Whether it’s for your ageing parent’s health care decisions or controlling the finances of a disabled relative, a conservatorship is the perfect legalized tool to deal with. Conservatorship is a court proceeding where the judge a responsible and authorized person or establishment to take care of the concerned ageing person. Such court proceeding is done when the adult is unable to take financial, legal, and medicinal decisions on behalf of him/her due to reasons like incapacitation, mental illness, psychotic, suicidal, etc. The person authorized by the court is a conservator, and the person who needs care is conservatee. There are two types of conservatorship. These are Probate and Lanterman-Petris-Short (LPS).
Probate conservatorship depends on the law of probate code, which generally varies in different states. This is a very type of conservatorship. However, there are two subcategories. These are general and limited. General Conservatorship is for ageing parents who cannot take care of themselves and their finances. The conservatee is usually elder. However, a younger person can also become the same if he/she is seriously disability. Now, the Limited Conservatorship is for adults who have problems like developmental disabilities. In such cases, the conservatee does not require a higher level of care as in terms of General Conservatorship.
There are two types of probate conservators. These are Conservator of the Estate and the Conservator of the Person. When it comes to Conservator of the Estate, he/she can take care of the financial matters, including collecting the conservatee’s personal income and paying the bills. On the contrary, Conservator of the Person is responsible for taking care of health, providing proper shelter, clothing, and food.
Lanterman-Petris-Short (LPS) Conservatorship
The case of LPS Conservatorship is used for adults who need special attention due to a serious mental condition. This is generally issued when an aged individual needs to stay within a restrictive living arrangement. Some of the common mental problems include Bi-polar Disorder, Obsessive Compulsive Disorder, Schizophrenia, Schizo-affective Disorder, etc. The LPS Conservatorship can be started through a local governmental agency. Depending on the mental health, the conservator can even choose to place the mentally sick person in a locked facility with a proper physiatrist prescription and letter.
When it comes to an organization or corporation, the conservatorship is created through a regulatory or statutory authority. The law of conservatorship was introduced in 2008, and it allows the government to intervene in the case to the response of financial pressures due to the deterioration of the housing market.
Providing an elderly person with proper care and the facility can be a daunting and stressful task. In such cases, you need to consult with a proper knowledgeable person in this domain to make the process easier and ensure that your loved one is receiving the perfect care. Also, you must be aware of the conservatorship laws as they vary from state to state.