Conservatorship Authority Over Your Child with Intellectual and Developmental Disabilities.
What is Conservatorship?
Conservatorship is said to be very important as it relates to people with Intellectual and Developmental Disabilities due to HIPPA laws, which establishes a set of national standards for the protection of certain health information, which sets-forth the need for parents to be court appointed conservators for their adult child if they want to have authority to access health information and the ability to make medical decisions for their child who cannot do so for himself/herself. The doctors and hospitals are bound by HIPPA laws to not disclose medical information or to allow a parents input when the child is of legal age, despite the fact, due to your child’s intellectual and/or developmental disabilities, he or she would be incapable of providing the doctors and hospitals with an informed decision. You can apply for Medical Conservatorship too.
What are the types of Conservatorship?
Conservatorship of the Person and Estate.
A Conservator of the Estate is limited to decisions on the financial affairs of a conservatee and this authority may be requested should the conservatee be unable to manage his/her financial resources or resist fraud or undue influence.
A Conservatee of the Person oversees and is responsible for the daily activities, such as health care or living arrangements of the Conservatee. A Conservator can be for both the Person and the Estate. However taking on Conservatee of the Estate requires Inventory and Appraisal and Accounting and so if your child receives SSI benefits and that is the extent of his/her Estate, then you wouldn’t necessarily need to request Conservator of the Estate since a simple remedy in handling your child’s SSI income is to go to your local Social Security office and ask for an application to become your child’s Payee Representative.
Temporary Conservatorship Authority.
If you child has already turned 18 and you would like to file conservatorship papers, you can request Temporary Conservatorship authority by filing the appropriate Petition, which is considered an emergency request and is usually heard within 5-7 days after submitting your paperwork to the court for filing. If the judge grants your request for Temporary Conservatorship authority, then your authority would continue until your general hearing for Conservatorship, which is usually heard about 2 months from the date you submit your documents to the court for filing.
General, Limited Conservatorship.
General Conservatorship is for individuals whose health is declining for various reason such as dementia, a series brain injury, etc. and there is no hope for regaining their ability to manage their health care on their own and/or manage their finances. Within the request for General Conservatorship authority you may ask for specific authorities set-forth within the Probate Codes.
Limited Conservatorship is for individuals where there is hope that they may be able to learn and grow, but not decline, and specific rights are limited to the Conservatee, i.e. the ability to contract, the ability to make decisions as to their social and sexual contacts, etc.
Do I Need An Attorney To Appear In Court With Me?
Most courts assign an attorney to represent the best interests of the Conservatee and in addition, the courts assign a Court Investigator. The Attorney and the Court Investigator will interview the proposed Conservators and the proposed Conservatee and they each will write a report and include their recommendations and submit this to the court. If your child happens to be a part of the Regional Center, the Regional Center Case Worker is required to also write a report and submit it to the court and provide their recommendations as well, so by the time you appear before the judge he or she would have had three separate recommendations made by the Attorney, the Court Investigator and the Regional Center Case Worker. This is helpful when you are acting as your own attorney and are not privy to the law and court process, as the judge having these recommendations in advance of the hearing more likely than not, has made his/her decision based on these accumulative reports and recommendations.
How Long Does It Take To Get Conservatorship Authority?
The process takes approximately two months when after that time, if granted by the judge, you should receive your Letters of Conservatorship Authority. Without assistance of a person with knowledge in how to prepare the various documents involved with requesting Conservatorship, the two month time-frame given could extend up to a year, as the Courts are very particular in the process and procedures and will continue your hearing to another two months out to allow you to remedy what you may have did incorrectly.
Experienced Paralegal Services for Conservatorship
All County Document Services prepares Conservator papers throughout Southern California and for all county courts. We are knowledgeable in the various county courts process and procedures and requirements.
We not only prepare the necessary paperwork to get your hearing on calendar, we apply for a court fee waiver for you at no extra charge to you and we continue with you until your general hearing for Conservatorship. Call our office at (951) 272-5855 should you be in need of gaining Conservator authority over your child, family or even a friend. We are experienced in this field, sincerely care and offer very reasonable rates.
Here is a list of Conservatorship forms
|Petition for Appointment of Probate Conservator||GC-310|
|Notice of Hearing-Guardianship or Conservatorship||GC-020|
|Attachment to Notice of Hearing Proof of Service by Mail||GC-020 (MA)|
|Pre-Move Notice of Proposed Change of Personal Residence||GC-079|
|Confidential Supplemental Information (Probate Conservatorship)||GC-312|
|Citation for Conservatorship and Proof of Service||GC-320|
|Duties of Conservator and Acknowledgment of Receipt of Handbook||GC-348|
|Confidential Conservator Screening Form (Probate Conservatorship)||GC-314|
|Order Appointing Probate Conservator||GC-340|
|Letters of Conservatorship||GC-350|
|Dementia Attachment to Capacity Declaration – Conservatorship||GC-335A|
|ATTACHMENT to Judicial Council Form||MC-025|
All County Document Services prepares probate document filing throughout Southern California and for all county courts.