Conservatorships in San Diego

A conservatorship is a protective court proceeding which is held in the Probate Division of the San Diego Superior Court. A general conservatorship can be a critical vehicle used to assist someone who has suffered a debilitating accident or injury that impairs their ability to care for themselves physically or financially. A conservatorship proceeding can also become necessary to protect an elder who is losing his or her ability to care for themselves properly or who is subject to undue influence.

In a conservatorship of the person, the court-appointed conservator manages the personal care of a person who cannot properly provide for his or her personal needs regarding physical health, medical care, food, clothing or shelter. The conservator may also decide where the conservatee lives, and must ensure the environment selected is the least restrictive choice available.

In a conservatorship of the estate, the court-appointed conservator manages the financial affairs of a person who is substantially unable to manage his or her financial resources, or to resist fraud or undue influence. Depending on the particular individual’s needs, the court may grant a conservatorship of the person, the estate, or both.

In addition, conservatorships can come into play when a developmentally disabled person becomes an adult at age 18. “Developmental disabilities” include Down syndrome, autism and cerebral palsy. This type of conservatorship is called a “limited conservatorship,” and enables the parent or other trusted person to make decisions regarding the developmentally disabled adult’s medical care, schooling, place of residence, social contacts, etc.

This blog was provided by Encinitas attorney Toni Taylor Buck. If you have any questions about whether a conservatorship is right for your situation, please feel free to contact Toni at (760) 942-2290 for a free and confidential consultation.