Trusts and Estates
Ca. Trs. & Estates Quarterly 2022, Volume 28, Issue 3
Content
- Chairs of Section Subcommittees
- Editorial Board
- Letter From the Chair
- Letter From the Editor
- Litigation Alert
- McLe Self-study Article A Snarl of Conflicting Presumptions—In re Brace and Estate of Wall Continue California's Struggle To Square the Conflicting Presumptions Set Forth In Family Code Section 760 and Evidence Code Section 662
- McLe Self-study Article California's Adoption of the Uniform Partition of Heirs Property Act
- McLe Self-study Article Extrinsic Fraud: Will the Real Slim Fraudster Please Stand Up?
- Tax Alert
- Tips of the Trade: Ira Planning—Gaining Security In a Post-secure World
- TRUSTS & ESTATES QUARTERLY
- McLe Self-study Article Lps, General, and Limited Conservatorships: Where We Were, Where We Are and Where We Might Be Going
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.*
I. INTRODUCTION
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.