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General Vs. Limited Conservatorship

General vs. Limited Conservatorship

Purposes of General and Limited Conservatorship

            A general conservatorship is for individuals who cannot make their own decisions regarding their finances or personal care. The general conservatorship is for someone who is completely incompetent or incapacitated to make their own decisions. A limited conservatorship is different because it is for people who have some capacity to make their own decisions but generally need some help making certain decisions.

            A limited conservatorship is solely for people with developmental disabilities who are able to do typical activities and can generally function but need assistance with certain decision making aspects or in performing ordinary activities.

How do I Get a Limited Conservatorship and What Powers do I have?

            Obtaining a limited conservatorship is generally the same process as obtaining a general conservatorship. The main difference between a petition for a limited conservatorship and general conservatorship is that you only need to show, and the court must find, that the conservatee lacks the ability to perform some, but not all, of the tasks associated with managing finances and taking appropriate care of him or herself. If the conservatee lacks any capacity to perform these tasks then a court may appoint either a general or limited conservatorship.

            The powers for a limited conservator are only those specified in the court order. For example, a developmentally disabled person may have the ability to perform basic tasks such as cooking, cleaning their house, bathing, among other things, but lack the capacity to make informed decisions regarding their finances. They may easily fall prey to scams or be taken advantage of more than the average person would be. These cases are heavily fact dependent and require evidence to show exactly why this person is in need of a limited conservatorship. This is why it is best to hire a lawyer to help you navigate the probate system. If you believe your loved one has a developmental disability and would benefit from this kind of help, please do not hesitate to contact me at (310) 598-7191 or info@bridge.law. I am here to help you decide the best option moving forward based on the circumstances of your case.

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