Conservatorships are restrictive arrangements that must be reserved for people with severe intellectual and/or developmental disabilities. However, California probate courts unnecessarily impose conservatorships and forego less restrictive alternatives for the sake of administrative convenience. While AB 1194 will ameliorate California’s paternalistic conservatorship system, this Note advocates for requiring courts to appoint counsel to all conservatees and proposed conservatees in every conservatorship proceeding, and to enact conservatorships only after proving less restrictive methods are insufficient. Humans—regardless of their dis/ability—deserve to age with dignity in a conservatee-centric system that does not violate their constitutional, federal, and state rights.
Maria de los Angeles R. Olmedo,
Overprotected but Unrepresented: An Argument for Mandatory Appointment of Counsel and Against Automatic General Conservatorships in California,
56 Loy. L.A. L. Rev. 369
Available at: https://digitalcommons.lmu.edu/llr/vol56/iss1/13