MCLE SELF-STUDY ARTICLE LPS, GENERAL, AND LIMITED CONSERVATORSHIPS: WHERE WE WERE, WHERE WE ARE AND WHERE WE MIGHT BE GOING
Written by Mark Schmuck, Esq.*
Protective proceedings that are designed to protect vulnerable adults, generally known in California as conservatorships, are familiar to trust and estate practitioners. However, even the most seasoned trust and estate attorneys may not be intimately familiar with the different types of conservatorships that are available to protect those that are afflicted with serious mental disorders.
This article will describe the basic structures for conservatorships in California, including Lanterman-Petris-Short Act ("LPS") conservatorships, probate conservatorships and limited conservatorships.1 This article will then discuss recently enacted legislation that affects those proceedings, especially Assembly Bill No. 1194 (2021-2022 Reg. Sess.) regarding probate conservatorships that went into effect in 2022. Finally, this article will discuss pending and anticipated bills that could be enacted in the near future that could affect adult protective proceedings.