California recognizes two types of conservatorships: general and limited. Judges can grant both as a way to manage the affairs of individuals unable to care for themselves. However, judges don’t grant conservatorships easily. They must first consider whether it’s vital and if other, less restrictive options could help instead.
This careful approach raises an important question: Why are conservatorships considered a last resort in California?
Protecting individual rights is key, but other factors play a role
Conservatorships can dramatically change a person’s ability to make their own decisions. While they’re sometimes needed, California law points out several reasons why they’re used only as a last resort:
- Personal autonomy: Everyone has the right to make their own choices. The law protects this right except in extreme cases.
- Less restrictive options: There are often ways to help without taking away rights. These might include supported decision-making, where the individual receives assistance but still has the final say when it comes to important life decisions, such as medical care or financial matters.
- Costs: Setting up and running a conservatorship can be very expensive. Legal fees, court costs and ongoing management expenses can quickly add up. This may drain the conservator’s assets, potentially leaving them with limited financial resources.
- Privacy loss: Proceedings become public record. Anyone can see personal and financial information, which can be distressing for the individual and their family.
- Legal complexity: Since there are many legal steps, there’s a lot of management and court oversight involved. All parties may also need to step foot into court occasionally. This ongoing process can be time-consuming and stressful for all involved.
- Abuse potential: Some conservators may misuse their position. While most conservators act in good faith, some might take advantage of the system.
Ultimately, does a conservatorship protect the individual’s rights and freedoms still? Do other options not work? If yes and yes, then a judge may grant the conservatorship.
What this means for families
If you’re considering a conservatorship for a loved one, seek help from legal professionals experienced in this area. They can assist you in exploring less restrictive alternatives like power of attorney or trust arrangements. If conservatorship becomes necessary, they can provide crucial support during court proceedings.