Editing Conservatorship (section)

==Role and duties==
Conservatorship is a legal term referring to the legal responsibilities of a conservator over the affairs of a person who has been deemed [[gravely disabled]] by the court and unable to meet their basic needs of food, clothing, and shelter. They are governed by the state's individual laws. Terminology varies, and some states or jurisdictions may refer to a conservator as a guardian of the estate or as a trustee.

Conservatorships are generally put in place for people who are significantly disabled by mental illness, elderly individuals who lack mental capacity due to medical conditions such as dementia, or individuals with developmental disabilities who lack the capacity to manage their own affairs. In typical conservatorship proceedings, an allegedly mentally incapacitated person must be evaluated by a qualified physician or psychiatrist who prepares a report documenting the person's mental capacity that is provided to the court and may be used as evidence.

An example of a conservator's duties includes: locating and marshalling assets, such as property and money, which belong to the conservatee; using the assets to buy food for the conservatee, secure and pay for placement in a facility which would take care of the conservatee or treat a mental illness, pay bills for the conservatee, manage property by paying for property insurance, mortgage payments or rent, property clean-up, or pay for a property management company to rent the property. An example of a conservator or guardian's medical responsibilities would be the court granting medical authority to the conservator or guardian, and the conservator or guardian authorising a physician to place a feeding tube to provide nourishment into the protected person's stomach if they are in medical need of it. It is not uncommon for one person to hold both offices and be referred to as the "guardian and conservator" of the conservatee, even though a conservator or guardian can be appointed over the person only, the estate only, or both. Generally, a conservator or guardian over the estate is only appointed if the conservatee has assets that need to be protected, marshalled, and managed. These terms may be found in use in [[Uniform Probate Code]] (UPC) jurisdictions, even though the UPC uses the term "protected person" in either case.

In most states, an outside party or agency must review the facts of the case and submit a report, usually required to be in writing, to the court before the court makes a decision on the request to establish a conservatorship or guardianship. Usually the outside party is a local county mental health representative called an investigator. They are often required to be experts in some appropriate field, such as social work, mental health, a medical field, or law. Procedures for conservatorship of an adult are often different from those for minors. 

The court may appoint an attorney to represent the proposed conservatee or ward. If the proposed conservatee or ward is unable to have an attorney-client relationship because of some impairment, the court may appoint a guardian-ad-litem (who is often also an attorney). A guardian-ad-litem does not take instruction from the client, but rather acts on their behalf and tells the court what they think is in the best interests of the proposed conservatee or ward, whether or not that is what the proposed conservatee or ward wants. The conservatee has the right to be represented by an attorney, and if they cannot afford a private attorney, they are appointed a public defender that will represent them free of cost.

=== California ===
In the state of California there are two types of conservatorships: Lanterman–Petris–Short ([[Lanterman–Petris–Short Act]] of 1967, referred to as LPS) and Probate conservatorships. These forms of conservatorship are governed by the California Probate Code, and Welfare and Institutions Codes.<ref>{{cite web|title=How are Lanterman-Petris-Short (LPS) and Probate conservatorships different?|url=http://www.lacourt.org/division/probate/PR0019.aspx|website=Superior Court of California, County of Los Angeles|access-date=December 20, 2017}}</ref>

LPS conservatorships begin with a temporary 30-day conservatorship, and if the conservatee remains gravely disabled, the conservator is reappointed for a year; the LPS conservatorship can be renewed annually, or terminated if no longer needed. Probate conservatorships are referred to as "general conservatorships", and typically do not have a temporary period unless an urgent emergency exists that is creating risk to the person or their estate. Probate conservatorship do not automatically expire as LPS conservatorships do if they are not renewed by the conservator.

In an LPS conservatorship, a court-appointed conservator over the person is responsible for managing the conservatee's placement, medical decisions, and mental health treatment. A conservator over the estate is responsible for marshalling, protecting, and managing the conservatee's assets that remain in their estate. A conservator reports to the court that appointed them, and is monitored by the supervising judicial court in the county in which the conservatee permanently resides.

LPS conservatorships usually begin in the county mental health system and are referred from acute psychiatric hospitals, where Probate conservatorships can result from any referral source if validated with proper medical documentation. Mental Health consumers have the right to a Patient's Rights advocate, and are taken through a series of hearings while they are in the acute hospital before they reach the point of needing a conservator.

In 2022, a law was enacted requiring judges in California to document all alternatives to a conservatorship before granting one, giving potential conservatees in California preference in selecting a conservator, and making it easier to end probate conservatorships in California.<ref>{{Cite web|url=https://ktla.com/news/california-wire/ap-after-freebritney-california-to-limit-conservatorships/|title=After #FreeBritney, California to limit conservatorships|date=September 30, 2022}}</ref>

===International equivalents===
Conservatorship for individuals is called "[[deputyship]]" in England, Wales and [[Deputyship (Switzerland)|in Switzerland]] (formerly "guardianship"), "guardianship" in Scotland, "controllership" in Northern Ireland, "[[guardianship]]" in [[India]] and "[[guardianship and administration]]" in [[Australia]].

=== South Korea ===
In the Republic of Korea (South Korea) a Conservatorship is called a Guardianship.

'''Types of Guardians under Korean Guardianship Law'''

Adult guardian (성년후견인): If an adult chronically lacks the mental competence to manage their own matters due to illness, disability, old age, or other conditions, a Korean court may appoint an adult guardian.  This type of guardianship in Korea gives near total power over the ward to the Adult Guardian.  

Limited guardian (한정후견인): A person may also be designated as a "special guardian," entrusted with restricted authority over the ward's interests. For example, a special guardian may be granted the legal authority in Korea to decide how to handle the ward's assets without being granted any control over the ward's person.

Specified guardian (특정후견인): A specified guardian is a person appointed to represent a person's interests in relation to a particular court proceeding or process.<ref>{{Cite web |last=Khan |first=Sarah |date=2023-01-30 |title=The Formalities under the Guardian Law in Korea |url=https://www.thekoreanlawblog.com/2023/01/korean-guardianship-law-2.html |access-date=2023-01-30 |website=The Korean Law Blog by IPG Legal |language=en-US}}</ref>  

==== The process of appointing a guardian through Korean courts ====
The Korean Family Courts, typically, has the authority to appoint a guardian in Korea.  A general adult guardian is one who is in charge of both the ward's financial interests and personal welfare. The Korean family court, or one of its branches, has authority over the ward's address and will hear the guardianship case. When the Family Court is not present in the ward's address, typically, a district court or a branch court has jurisdiction over the matter.  

Typically, after an evaluation of the ward's health by a doctor, the court proceedings begin. The court will often question the ward and hear his/her testimony regarding the guardianship. So that the ward can make the most use of his or her remaining capacity and choose a suitable guardian.  The court has the power to decide the beginning of guardianship, the choice of a guardian, change of guardian, cessation of guardianship, the extent of the legal representative's authority, etc.<ref>{{Cite web |last=Hayes |first=Sean |date=2023-01-30 |title=Appointment of a Guardian in Korea |url=https://www.thekoreanlawblog.com/2023/01/korean-guardian.html |access-date=2023-01-30 |website=The Korean Law Blog by IPG Legal |language=en-US}}</ref>