Table of Contents
- 1 Which type of conservatorship applies only to individuals with developmental disabilities?
- 2 What is a conservatorship in case of disability?
- 3 What is the difference between conservatorship and limited conservatorship?
- 4 What is the difference between a trustee and conservator?
- 5 Can a person with an intellectual or developmental disability be a conservator?
- 6 What rights do I have as a conservator?
- 7 What is the difference between a conservator and a physical conservator?
Which type of conservatorship applies only to individuals with developmental disabilities?
Limited conservatorship
Limited conservatorship is a form of general conservatorship and applies only to adults who are “developmentally disabled” as defined in state law, (1) and who are, or could be, clients of California’s regional centers serving developmentally disabled citizens.
What is a conservatorship in case of disability?
This is when a judge appoints a responsible person (called a conservator) to assist an adult with developmental disabilities (called a conservatee) who is unable to provide for her/his personal and/or financial needs.
How long does it take to get conservatorship?
In order to get a hearing, one must typically wait 60 days. In emergency situations, you can get a hearing in as little as 5 court days. This is called a temporary conservatorship. If successful, you will be provided with temporary letters to use until the hearing on the permanent (resulting in permanent letters).
What is the difference between conservatorship and limited conservatorship?
Limited conservatorships are typically reserved for people with developmental disabilities. While a general conservatorship offers blanket responsibility to the conservator in a general conservatorship, the goal of a limited conservatorship is to allow the individual to maintain as much independence as possible.
What is the difference between a trustee and conservator?
A conservator is appointed to protect the person and/or finances of an incapacitated adult in situations where there is no responsible person already appointed. A trustee is named by someone while they are competent to manage trust property and protect the interests of the trust and its beneficiaries.
What happens in a conservatorship?
A conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances. .
Can a person with an intellectual or developmental disability be a conservator?
For example, a person with an intellectual or developmental disability should be placed on a limited rather than a general conservatorship. Appointment of a conservator should not be for the convenience of a service system or society.
What rights do I have as a conservator?
Conservatees should have the right to speak in court during their conservatorship hearing. Only a person or entity independent of the service funding and delivery systems, should perform conservatorship functions.
What is an example of a limited conservatorship?
Conservatorships remove people’s rights to decision making and autonomy. As such, they must be used sparingly and in the least restrictive way possible. For example, a person with an intellectual or developmental disability should be placed on a limited rather than a general conservatorship.
What is the difference between a conservator and a physical conservator?
General: The conservator has full authority over the conservatee’s finances, physical autonomy, health and all other significant decisions. It is uncommon for a court to grant a physical conservatorship without also granting financial authority as well, so this is more common than a physical conservatorship.