[PDF] Temporary People
Maryalice Cutcher
A conservatorship is a court proceeding in which a judge appoints a family member, friend or other responsible person (conservator) to care for another adult (conservatee) who cannot care for themselves and/or their finances.
If you are looking for information on the process for court-ordered voluntary treatment plans for an individual with an untreated schizophrenia diagnosis or a qualifying psychotic disorder, please refer to the CARE Act page.
Limited conservatorships are for adults with developmental disabilities who cannot fully care for themselves or their finances. Conservatees in limited conservatorships do not need the higher level of care that conservatees in general conservatorships need.
A temporary conservatorship may be set up when a person needs immediate help. A judge, upon finding of good cause, may appoint a temporary conservator of the person or of the estate, or both, for a specific period until a permanent conservator can be appointed. A temporary conservator arranges for temporary care, protection, and support of the conservatee and protects the conservatee's property from loss or damage. A temporary conservator may also be appointed to fill in between permanent conservators, if, for example, the permanent conservator dies or the judge has ordered his or her removal. The authority of a temporary conservator is much more limited than a permanent conservator.
Supported decision-making is a process that allows people with disabilities or impairments to enter into a written agreement to receive support from trusted people but maintain the ability to make their own decisions. The person with a disability chooses the people who support them, including family, friends, staff, or professionals.
The supporters agree to help the person with a disability understand, consider, and communicate decisions. Supporters also give the person the ability to make their own informed decisions. Supported decision-making does not involve the courts.
An AHCD is a legal document that allows a person to specify their medical treatment preferences and appoint a trusted person to make healthcare decisions on their behalf if they become incapacitated. It includes details about medical history, values, beliefs, and end-of-life wishes. This document covers a broad range of situations, such as life-sustaining treatment, pain management, organ donation, and other medical decisions. This sample AHCD is from the California's Office of the Attorney General.
While an AHCD is a comprehensive legal document that covers a wide range of healthcare decisions, a POLST is a medical form that is focused on end-of-life decisions that require immediate medical attention. For instance, it may specify whether a person wants to receive CPR, antibiotics, or be put on a ventilator. It also provides information about comfort measures, such as pain relief and hospice care.
A living trust allows a person to put assets and property, like bank accounts, real estate and life insurance, under the control of a trustee. Most people set themselves up as the trustee and also name a trusted person to be the successor trustee. When they die or become incapacitated or unable to manage the assets, the successor trustee takes over.
An SNT is a way for a person with a disability to maintain eligibility for public benefits, such as Supplemental Security Income and Medi-Cal, even while having assets that would normally make them ineligible. The Department of Health Care Services provides additional information about SNTs.
When a Petition for Appointment of Probate Conservator is filed, the Court will determine if an investigation is required prior to the hearing. If one is required, a Court Investigator will be assigned to the case and will contact the parties.
In limited conservatorships and general conservatorships where the petition is alleging that the proposed conservatee has Major Neurocognitive Disorder (formerly known as dementia), the Court will appoint an attorney to represent the proposed conservatee. The court-appointed attorney will contact the parties and prepare a report for the hearing.
If the Court grants your Petition for Appointment of Probate Conservator (JC Form #GC-310), you must complete and submit the following forms along with a copy of each form and a self-addressed and stamped envelope:
If the Court grants your Petition for Appointment of Temporary Conservator (JC Form #GC-111), you must complete and submit the following forms along with a copy of each form and a self-addressed and stamped envelope:
If the conservator or conservatee change telephone numbers, you must notify the court by filing the Notice of Change of Address or Other Contact Information (JC Form #MC-040) indicating the new telephone number.
The California Conservatorship Jurisdiction Act, effective January 1, 2016, is a uniform law that provides a means to transfer a conservatorship proceeding from California to another state when the conservatee is to become a permanent resident of the other state. The law also provides for transfers of conservatorships from other states to California under the same circumstances.
If you have a possible transfer or registration issue, either in or out of California, you may wish to seek the assistance of experienced counsel in all affected jurisdictions as the laws are complex.
There are different eligibility requirements and different uses for these permits. In New York City, the State permit can only be used in off-street parking spaces designated for people with disabilities, while the NYC PPPD is valid for on-street parking throughout New York City. The NYC PPPD application also requires supporting medical documentation.
Your NYC PPPD is valid until the expiration date printed on the permit. Approximately ten weeks before the scheduled expiration date, you will receive your renewal form in the mail. Be sure your permit information is up to date. You will not receive a renewal notice at your new address if you have moved without notifying NYC DOT.
To permanently add or remove a license plate(s) from your NYC PPPD, complete the Permanent Vehicle Change (PVC) form and submit it with a copy of the lease agreement (for leased vehicles), registration(s) and license plate(s) to be listed on the permit.
If a license plate that is currently listed on your permit has been moved to another vehicle, you must submit a new PVC form along with a copy of the new registration for that plate. Your information will be updated in our system.
Once you receive your new permit with the PVC change, you MUST mail your old permit to NYC DOT within ten days. Failure to do so will result in your inability to obtain another NYC PPPD.
You are eligible to be issued a New York State disability parking permit through NYC DOT if you are a New York City resident and have a permanent or temporary qualifying impairment that severely impacts your ability to walk, as certified by a New York State-licensed physician or podiatrist. You do not have to be a driver or registered owner of a vehicle to get a permit. Children with disabilities and people who are legally blind are eligible for permits.
The State permit is a blue plastic hangtag displaying the universal International Symbol of Access for people with disabilities (temporary permits are red plastic hangtags). Hang it from the inside rearview mirror of your vehicle.
The permit is valid everywhere in New York State where there are designated parking spaces for people with disabilities. In New York City, this permit is not valid for on-street parking, it is only valid in off-street spaces, such as in parking lots for malls, office buildings or college campuses. It is also valid in all other states and Canadian provinces. The permit may be used only when the permit-holder is traveling in the vehicle. The State permit never lets you disobey state or local parking regulations. Copying the permit is not allowed.
When applying, you must provide a valid copy of your Driver's License or Non-Driver's Identification Card issued by the NYS Department of Motor Vehicles. We also accept the New York City Municipal Identification Card as identification for residents of New York City.
New York State honors accessible parking permits from other US states, as well as other countries. However, you cannot utilize these permits to park on any street in New York City. These permits may only be used in designated disability spaces within off-street parking lots in New York City.
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