what is conservatorship

What is Conservatorship?

A conservatorship is a legal concept that allows a judge to appoint a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for themselves or manage their own finances. The conservator makes legal and financial decisions in the best interest of the conservatee.

When is a Conservatorship Necessary?

Conservatorships are typically established for adults with mental or physical disabilities that prevent them from providing food, clothing and shelter for themselves – basic needs for health and safety. A conservatorship may also be appropriate for someone unable to resist fraud or undue influence.
Common situations leading to conservatorships include:

• Debilitating illness like dementia or Alzheimer’s disease
• Significant developmental disability
• Traumatic brain injury
• Serious mental illness

A judge reviews evidence about the proposed conservatee’s condition and ability to function before deciding whether a conservator is necessary.

Types of Conservatorships

There are two main types of conservatorships:

1. Probate Conservatorship

This is the most common type. A probate conservatorship grants the conservator authority over the conservatee’s person and/or estate:

• Person: The conservator makes decisions about health care, housing, food and other aspects of daily life.
• Estate: The conservator manages finances, income, property and assets.

Probate conservatorships can be tailored to the specific needs of the conservatee. For example, a conservator may be assigned responsibility for medical decisions but not finances.

2. LPS Conservatorship

This is less common. An LPS or “Lanterman‐Petris‐Short” conservatorship applies to adults with serious mental illness who require specialized care. It is designed for people who need mental health treatment but are unable or unwilling to seek it voluntarily.

The Conservatorship Process

The typical sequence of major steps is:

1. Petition – Someone files court papers requesting a conservatorship, explaining why it is needed and who should serve as conservator.
2. Investigation – Court investigator interviews proposed conservatee and other relevant parties, then files a report to the judge.
3. Hearing – Judge hears evidence and makes determination about conservatorship need and arrangements.
4. Appointment – If approved, conservator is officially appointed and documentation is recorded.
5. Ongoing administration – Conservator performs duties on behalf of conservatee, under court supervision.
6. Termination – When/if conservatee regains competency or passes away, conservatorship is ended after final accounting.

At any stage, the proposed conservatee can object to the conservatorship. The court will appoint a lawyer to represent their interests if needed.

Duties and Responsibilities

Conservators have important legal and ethical obligations. Key duties include:

• Making sound decisions in the conservatee’s best interests
• Arranging health care, housing, food, etc. as needed
• Managing finances prudently
• Keeping detailed records
• Filing regular reports for court oversight
• Avoiding any conflicts of interest or self-dealing

Conservators should consult support professionals like doctors, accountants or social workers to aid decision-making. They must balance the desire to protect the conservatee with respect for their rights and dignity.

Alternatives to Conservatorship

Less restrictive options may meet a person’s needs, such as:

• Financial or medical powers of attorney
• Supported decision-making with family/friends
• Representative payees for government benefits
• Trusts and other asset management tools
• Adult protective services

However, these do not provide the same level of protection or court supervision as a conservatorship. A judge ultimately decides if a conservatorship is truly needed.

Conservatorship Concerns

Despite good intentions, critics raise reasonable concerns about conservatorships – mainly the potential loss of rights and control for the conservatee. Other issues include:

• High costs for legal fees and conservator wages
• Limited accountability and oversight
• Risk of financial exploitation by untrustworthy conservators
• Overuse, especially for elderly people

Proposed reforms tend to promote less restrictive options, boost conservatee rights and enhance monitoring of conservators. But fundamentally, these arrangements involve a difficult tradeoff between autonomy and protection.

The Conservatorship of Britney Spears

A famous conservatorship case involves American pop star Britney Spears. Since 2008, her father Jamie Spears held legal control over her life choices and multi-million dollar fortune.
After 13 years, Britney argued the conservatorship had become too controlling and restrictive. In 2021, public support grew for the #FreeBritney movement backing her fight for independence. Britney claimed her father was unfit to act in her best interest.
In September 2021, Jamie Spears was removed as conservator. And in November 2021, Britney’s conservatorship was fully terminated by Los Angeles County Superior Court Judge Brenda Penny. Britney regained autonomy over personal and financial decisions.
This case amplified scrutiny of conservatorship fairness and sparked wider calls for reform. It demonstrated how even well-intentioned conservatorships can overly constrain people’s rights.

In Summary

Conservatorship is a drastic but sometimes necessary step to protect vulnerable adults unable to meet their own basic needs. It involves a court-approved conservator taking over decision-making responsibility in the conservatee’s best interests.
These legal arrangements must balance autonomy and self-determination with beneficence and non-maleficence. Conservators wield tremendous power over conservatees’ lives. Thoughtful oversight and monitoring is crucial to prevent abuse.