Steps in Hospital Emergency Conservatorship

Many people contact us about a Temporary Conservatorship also known as a hospital emergency conservatorship, especially during the time of COVID asking us about temporary conservatorships requesting interim conservatorship orders during a crisis. In this article, we outline the steps in hospital emergency conservatorships which is meant to protect the lives of disabled persons who cannot otherwise make decisions for themselves on a temporary basis before a permanent conservatorship hearing.

What is considered a hospital emergency conservatorship?

A hospital or ICU Conservatorship allows the person applying to the Court for a Conservatorship to create a conservatorship faster than the normal pace of conservatorships. A temporary conservatorship usually is brought about when there is some type of crisis. During COVID, the Los Angeles Probate Court is allowing for emergency Ex Parte Conservatorship hearings when you can establish urgency and imminent harm that can come to the Conservatee.

What are the initial steps to take to become a temporary conservator?

You will need to obtain a Capacity Declaration from a doctor or psychologist which establishes that the person you are seeking to conserve is unable to make medical decisions for himself or herself. You must obtain enough facts to verbalize the type of harm that can come if the Court waits until the normal time-line to hear the Conservatorship case.

How to get the facts we need to assist the Court to hear you emergency ex parte conservatorship?

Talk to health care staff members, get names of people you spoke to, and write down who you spoke with and what was said. Jot down your visual observations of the patient. If the patient is able to speak, as the patient questions about how he/she feels and communicate that to the health care provider.

How to document the imminent harm?

This is the tricky part in temporary conservatorships which the Court uses to deny temporary conservatorships. You must show that immediate or imminent harm will come to the Conservatee if the Court waits too long. An example may be that the patient will lose the ability to get the surgery or that the surgery may not be effective if too much time passes between the diagnosis and the surgery.

To establish or get a Temporary Conservatorship, you must show by facts what the urgency or emergency is that makes you want to Court to give you a pass to the front of the line of other cases. The probate court has the following standards in reviewing emergency hospital or ICU conservatorships.

Remember that a Conservator is a guardian and protector in the eyes of the court and must act to protect the Conservatee and to protect the Conservatee’s assets.

The things you need and the steps in a temporary conservatorship are:

  1. Capacity Declaration by a doctor.
  2. Showing of urgency facts.
  3. Show of imminent harm to the patient.
  4. Conservatorship paperwork which we will prepare for you.

Help us help you in getting the conservatorship by obtaining the necessary emergency facts of the conservatorship. Call Mina Sirkin at 818.340.4479 or an emergency message re conservatorship at 323.834.9444 regarding your specific case. You may leave an emergency number where we can reach you right away. The consultation is always free.

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