Resource Link

https://www.aclu.org/documents/sample-arguments-brief-opposing-conservatorship-california

Resource Description

Introduction: This document is a legal guide created by the American Civil Liberties Union (ACLU). It helps lawyers fight against unfair conservatorships in California. A conservatorship is when a court gives someone else control over a person's life choices. The guide gives arguments lawyers can use in court.

Resource Summary

Content Summary: The guide explains four main points about opposing conservatorships. First, there must be strong proof that someone cannot take care of themselves. This means they cannot handle basics like food, clothes, health care, or housing. Courts cannot force people into conservatorships if they can care for themselves. This could be either alone or with help. The guide tells lawyers to look at how well people can actually do things. Test scores or mental health labels don’t tell us enough on their own. What matters is whether someone can handle daily life, make choices, and stay safe. If someone can do these things with help from family, friends, or caregivers, they should not be conserved. The guide points out that it's normal for young adults to want to become more independent from their parents. Just because parents want to stay involved in their child's life doesn't mean they should control it through conservatorship. There are better options than conservatorship. These options give people more freedom. One example is supported decision-making. This lets people pick trusted helpers who can assist them with choices while letting them stay in control. Before courts consider conservatorship, they must first look at these less restrictive options. The guide wraps up by stressing an important point. We must look at whether people can meet their basic needs when they have the right support. Many people can live good lives and make their own choices if they just have some help. Conservatorship should be the very last option, used only when nothing else works.