Los Angeles attorney Susan Geffen has experience with many different types of conservatorships including emergency conservatorships.
What is an Emergency Conservatorship?
An Emergency Conservatorship is a type of conservatorship that is established quickly, without the typical notice and hearing requirements of a regular conservatorship. Emergency Conservatorships are typically established in situations where an individual is at immediate risk of harm or is unable to make decisions for themselves, and there is not enough time to go through the regular conservatorship process.
An Emergency Conservatorship can be established in California through a petition to the court by a concerned person, such as a family member, caregiver, or healthcare provider. The petition must provide evidence that the individual is at immediate risk of harm or is unable to make decisions for themselves, and that an Emergency Conservatorship is necessary to protect their rights and interests.
If the court determines that an Emergency Conservatorship is necessary, it can appoint a temporary conservator to act as the legal guardian for the individual for a limited period of time, typically 30 days. During this time, the temporary conservator has the authority to make decisions on behalf of the individual, such as decisions related to their medical care, housing, and financial matters.
After the temporary conservatorship period expires, the court will hold a hearing to determine whether a regular conservatorship is necessary, and if so, who should be appointed as the permanent conservator. If the court determines that a regular conservatorship is not necessary, the Emergency Conservatorship will be terminated.
Emergency Conservatorships are intended to be used in situations where there is an urgent need to protect the individual’s rights and interests, and should only be established when no other options are available. It is important to note that Emergency Conservatorships involve significant legal and financial responsibilities and should only be pursued after careful consideration and consultation with an experienced attorney.
When should an Emergency Conservatorship be Considered?
An Emergency Conservatorship should only be considered in situations where an individual is at immediate risk of harm or is unable to make decisions for themselves, and there is not enough time to go through the regular conservatorship process. Some specific situations where an Emergency Conservatorship may be appropriate include:
- Medical emergency: If an individual with a developmental disability experiences a medical emergency, such as a stroke or heart attack, and is unable to make decisions for themselves, an Emergency Conservatorship may be necessary to ensure that they receive appropriate medical care.
- Sudden change in mental capacity: If an individual with a developmental disability experiences a sudden change in mental capacity, such as due to a head injury or a sudden onset of dementia, and is unable to make decisions for themselves, an Emergency Conservatorship may be necessary to protect their rights and interests.
- Risk of harm: If an individual with a developmental disability is at immediate risk of harm, such as being exploited or neglected, an Emergency Conservatorship may be necessary to protect their rights and interests.
- Disruption in care: If an individual with a developmental disability experiences a disruption in their care, such as if their caregiver becomes incapacitated or is no longer able to provide care, an Emergency Conservatorship may be necessary to ensure that they receive the necessary care and support.
It is important to note that Emergency Conservatorships should only be pursued when no other options are available and should only be used as a temporary measure until a regular conservatorship can be established. The decision to pursue an Emergency Conservatorship should be made with the input of the individual with developmental disabilities, if possible, and should prioritize their rights and interests.
If you are considering an emergency conservatorship, please contact experienced Los Angeles conservatorship lawyer Susan Geffen today to discuss your circumstances and determine the best course of action going forward.