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A probate conservatorship can be initiated by virtually any responsible adult, whereas an LPS conservatorship can only be initiated by the psychiatrist of an adult with serious mental illness or another grave disability through the office of the Public Guardian.
The General Conservatorship may apply to anyone with a disability while the Limited Conservatorship was created especially to meet the needs of people with a developmental disability.
The conservator, by assuming the responsibility for these matters, becomes legally accountable to the court. There are two types of conservatorship managed by the Public Guardian: Lanterman-Petris Short (LPS) Conservatorships and Probate Conservatorships.
Confidential Capacity Assessment and DeclarationProbate Conservatorship (GC-335) This form is to be completed by a Physician, Psychologist or Religious Healing Practitioner to tell the court about the mental capacity of a potential conservatee.
The conservatee, or one of their friends or family members, must file a petition requesting the removal of the conservator. There are many factors that might necessitate the removal of a conservatorship in the eyes of a California court. The conservator fails to care for the conservatees estate in a diligent manner.
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