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What is a Conservatorship? - YouTube

Channel: Superior Court of California, County of San Mateo

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there may come a time when you need to

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help a loved one who's no longer able to

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care for themselves you have options for

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how to do this some are less serious or

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formal like a power of attorney and

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advanced health care directive or a

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joint bank account but sometimes you

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need a more formal legal set up called a

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conservatorship a conservatorship is a

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court case where a judge appoints a

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responsible adult called the conservator

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to care for another adult called the

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conservative who cannot care for

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themselves or manage their own finances

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to care for an adult's personal needs

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like food clothing health and living

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situation you need a conservatorship of

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the person if you need to manage the

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adults finances you need a

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conservatorship of the estate you can

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ask to be a conservator of the person a

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conservator of the estate or both who

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can be a conservator a conservator can

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be a spouse an adult child a parent or

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other relative a friend a government or

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nonprofit agency or other people the law

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says are okay to care for the adult in

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every case a court has to approve the

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conservatorship

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what kind of conservatorships are there

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there are three main types of

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conservatorships a general

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conservatorship a limited

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conservatorship or an LPS

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conservatorship also called a mental

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health conservatorship let's talk a bit

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about what each one means a general

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conservatorship is best for a person who

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can no longer care for themselves or

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make financial decisions it can be for

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an elderly person with severe dementia

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for example or maybe for someone in a

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bad accident that left them completely

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unable to take care of their own needs

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a limited conservatorship is to help

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care for an adult with a developmental

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disability because developmentally

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disabled people can usually do many

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things on their own

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the judge will only give a conservator

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limited power to do things the

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conservative a limited conservatorship

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is to allow a person to keep as much

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independence as possible the third kind

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of conservatorship is called a mental

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health or LPS conservatorship it makes

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someone responsible for another person

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who has been diagnosed with certain

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serious mental illnesses mental health

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or LPS conservatorship scan be very

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complex so we cannot cover them in this

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video if you need more information about

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LPS conservatorship

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talk to a lawyer who does those kinds of

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cases how to become a conservator

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once you decide that someone needs a

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conservator you have to ask the court to

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appoint you you can also ask the court

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to appoint someone else a proposed can

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serve a tea can also be the one asking

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the court to appoint a conservator to

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take care of them if you want to ask to

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be appointed as a conservator there will

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be several steps you'll have to take

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we'll give you the main ones but keep in

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mind we're just giving you a general

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idea of the process first you'll have to

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file a petition for conservatorship in

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court in your petition you'll have to

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explain why the proposed conservative

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and not care for themselves any longer

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and why the court should appoint a

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conservator in the petition you'll have

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to answer questions about yourself about

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the proposed conservative and about the

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Conservatives close relatives you'll

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also have to say why other less serious

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options will not work in this case once

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you've answered all the questions you'll

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have to file the petition in the county

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where the proposed conservative the

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person you want to care for lives second

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when you file your petition the clerk

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will schedule a court date before this

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court date you'll have to let the

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proposed conservative and all close

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relatives know about the case and the

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court date you'll have to do this in the

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proper legal way called giving notice

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third a court investigator will be

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appointed to the case before the court

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date the investigator will meet with the

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proposed conservative privately to

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explain how the conservatorship will

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change the Conservatives life the

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investigator will describe the process

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and the court hearing and tell the

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conservative bout their rights to say

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they do not need a conservator that they

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have a right to a lawyer or a different

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conservator and much more the

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investigator will also talk to you and

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may talk to other people who know the

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situation and the proposed conservative

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after the investigation the investigator

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will write a report for the judge fourth

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before you see the judge you as the

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proposed conservator will have to watch

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a 20 minute video read the handbook for

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conservators or both the reason is that

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the court wants to make sure you

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understand what your duties and

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responsibilities as conservator will be

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and fifth at the court hearing the judge

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will make sure all the legal steps were

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followed read the investigators

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recommendation and make a decision if

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the judge orders the conservatorship the

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judge will appoint you as the

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conservator this means that you can take

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care of the conservative the ways the

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court orders you'll get some important

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papers that will say how you're allowed

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to care for the conservative what

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happens next in a year the court will

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review your case to make sure you're

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meeting your responsibilities as

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conservator before the review hearing an

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investigator will personally meet with

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the conservative to determine if the

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conservative still needs a

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conservatorship and to make sure the

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conservator is acting in the best

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interest of the conservative after the

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first year visit the investigator will

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visit the conservative

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or as often as the court feels necessary

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if the investigator thinks there may be

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a problem they'll write a report and ask

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the judge to appoint a lawyer for the

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conservative this may start the legal

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process to remove you as conservator so

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remember to always do what the court

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asks you to do and be sure you take good

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care of the conservative

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still have questions to get more

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information about conservatorships visit

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your superior courts website especially

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the section on self-help your courts

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self-help center may also be able to

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help in person but check first that they

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help with conservatorship cases you can

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