The petition for probate conservatorship may be initiated by the person for himself, or by any other interested person except a non-relative creditor and may be filed privately, or upon recommendation, by the PG. Individuals may be referred to the PG, for Probate Conservatorships when functionally unable to properly provide for his/her own personal needs for physical health, clothing, food or shelter, and/or he/she is unable to manage his/her own resources or resist fraud or undue influence. 9.1.4 Probate Conservatorship Acceptance Criteria Based upon the evidence the person lacks capacity and is unable to make responsible personal decisions, and is also unable to meet his/her need, or to manage their financial resources or resist undue influence and there is no other suitable family, friend or relative that can be the conservator. • All less restrictive alternatives to conservatorship were considered and tried first and establishing conservatorship is the last resort to meet the person’s needs. 9.1.5 LPS Acceptance Criteria Based upon the evidence the person is gravely disabled as a result of mental disorder listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM) and there is no other suitable alternative to conservatorship. • The Causal link between the mental disorder and grave disability must be demonstrated in the evidence. Merely evidencing mental illness is not sufficient. The evidence must demonstrate how the mental disorder impedes the individual’s ability to provide for their basic needs of food, clothing and shelter. NOTE: Implementation of the LPS ACT varies from county to county depending on local Board of Supervisor’s directives, County Policies, Local Court rules and local community resources. The Karriker decision has clearly defined that the Public Guardian/Conservator has discretion when determining if a LPS conservatorship should or should not be established. 9.1.6 Need for conservatorship Conservatorship may not be necessary if the person who needs help can formulate or cooperate with a plan to meet his/her basic needs or has the capacity and willingness to accept assistance from a third party for financial or health-care decisions. It is important to recognize that a person’s need for decision-making support or for a decision maker (conservator) will vary and depend on his/her ability to make reasonable decisions 9.1.7 Substantiating evidence for conservatorship There is a legal presumption of the capacity of the proposed conservatee. The burden of proof is on the petitioner. The standard of proof for a LPS conservatorship is beyond a reasonable doubt; the standard of proof for a Probate is clear and convincing evidence. • The person is incapacitated •
The person needs the supervision and protection of the Conservator
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