Common Questions – Conservatorship
Common Questions – Conservatorship. You may have a close friend or family member who is suffering from severe physical or mental illness, recovering from a serious accident, or declining mentally or physically as a result of aging, they may need your help! This could include: finding a place to live, obtaining healthcare, depositing checks, paying bills and taking care of their assets. Even if it is only a temporary situation, a conservatorship may be the answer.
A conservatorship is a legal arrangement on which a responsible adult or organization oversees the personal care or financial matters of another adult. That adult would be considered unable of managing alone. The person who cannot care for themselves is called the conservatee. The person or organization the judge chooses to do this is known as the conservator. A conservator can be a family member, friend or professional person.
California law on conservatorships can be found in the Probate Code beginning at section 1800. A California conservatorship must be formally established through a court proceeding. There are two types of conservatorships. A General Probate Conservatorship is for all adults who are unable to provide for their personal needs. This could be due to conditions rendering them unable of caring for themselves or making them subject to undue influence. A Limited Probate Conservatorship is when the person is developmentally disabled. In this type of conservatorship, the powers of the conservator are limited so that the disabled person may live as independently as possible.
The proposed conservator must first file a petition with the court to initiate the court proceeding.
Once the petition has been filed, the clerk will set the matter for hearing. The hearing will generally be set 45 days from the date of filing. If the Conservatorship is granted, duties may include making arrangements for their care and protection, deciding where they will live, and making arrangements for their meals, health care, clothing, transportation, and overall well being. Conservator of the Estate duties also include managing their finances, controlling and protecting all assets and income, paying the their bills, and most importantly, provide an accounting to the court regarding the management of funds. Read the Handbook for Conservators or visit the California Courts Website to learn more about conservatorships and the procedures for obtaining one.
If the process seems a little daunting, there may be legal alternatives to a conservatorship. If the person is able to understand and is willing to sign a Power of Attorney or Advanced Health Care Directive, these may be all that is needed for the person to be well cared for.
