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Probate Conservatorship

A Probate Conservatorship is based on the laws of the probate code, which varies by state.  This is the most common type of conservatorship. 

Probate conservatorships can be split into two categories: General and Limited.  The former is for adults who cannot take care of themselves or their finances.  They are normally elderly, but can also be younger but seriously impaired.  The latter is for adults with developmental disabilities that may not be able to fully take care of themselves or their finances.  The conservatees do not need as high a level of care as those in general conservatorships. 

There are also two types of Probate Conservators: 

  • Conservators of the Person are responsible for food, clothing, shelter, and health care.  They may also be needed to make important medical choices for the conservatee. 
  • Conseravtors of the Estate handles financial matters such as paying bills and collecting a person's income.

Lanterman-Petris-Short (LPS) Conservatorship

A Lanterman-Petris-Short (LPS) Conservatorship is used for special needed for adults with serious mental illnesses.  This conservatorship is used for people who need very restrictive living arrangements.  Conservatees in LPS conservatorships either refuse or will agree to the special living arrangements on their own.  An LPS Conservatorship must be started by a local government agency.  You should contact your local county Public Guardian or Public Conservator if the adult in question needs this time of help. 

Get help with a conservatorship

If your parent is already incapacitated, it may be wise to get help from a lawyer as soon as possible. Things can get complicated when important financial or medical decisions need to be made, but your loved one did not grant anyone the authority to make those decisions on their behalf. A Rocket Lawyer network attorney can help you sort through your options to ensure your loved one receives the appropriate care.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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