Starting a conservatorship in California requires over 15 legal forms and documents1. This process is vital for adults who can’t manage their daily lives or finances because of age or disability2. If you live in California, it’s key to understand this process to protect your loved ones.
A conservatorship is when a judge picks someone or an organization to handle the affairs of another adult who can’t take care of themselves or their money2. The process includes filling out forms, notifying the conservatee and their family, going to court hearings, and meeting with a court investigator1.
Key Takeaways
- Private parties cannot start mental health conservatorships in California3.
- California has different types of conservatorships: general and limited3.
- A limited conservatorship in California gives a conservator up to 7 specific powers based on the conservatee’s needs3.
- A conservatorship in California is only granted if it’s needed to protect the conservatee’s well-being and support their independence3.
- Getting legal advice is a good idea if you need help with conservatorships of the estate or general conservatorships in California3.
Understanding Conservatorships in California
What is a Conservatorship?
A conservatorship is when a judge picks someone or a group to take care of another adult who can’t handle their own needs or money4. This usually happens for older or disabled people who need extra help4. In California, there are two kinds: one for taking care of the person and another for managing their money4.
There are two main types: general conservatorships and limited conservatorships4. General ones give the caretaker a lot of power, while limited ones give only what’s needed4. General ones are often for older people with big health issues, and limited ones are for those with developmental disabilities needing less care4.
California also has temporary conservatorships for quick help4. These have less power and are meant for short-term care4. Instead of a full conservatorship, there are other options like supported decision-making and healthcare surrogate designations45.
To start a conservatorship in California, you need to file papers and explain why it’s needed5. A court will look into it and may ask for more checks later46.
| Type of Conservatorship | Description |
|---|---|
| General Probate Conservatorship | For adults who can’t take care of themselves because of age, illness, or injury56. |
| Limited Conservatorship | For adults with developmental disabilities needing help in some areas but wanting to be independent56. |
| LPS (Lanternman-Petris-Short) Conservatorship | For people with mental health problems who are a danger to themselves or others6. |
“Conservatorships are a critical legal mechanism to protect vulnerable individuals and ensure their well-being, while respecting their rights and autonomy to the greatest extent possible.” – California Judicial Council
Types of Conservatorships in California
In California, there are several types of conservatorships to help adults who can’t manage their affairs. These include probate and Lanterman-Petris-Short (LPS) conservatorships7.
Probate conservatorships can be general or limited. They are set up by judges for adults who can’t take care of themselves or their money. General ones are for older people or those with serious illnesses. Limited ones help adults with developmental disabilities in certain areas of life78.
LPS conservatorships offer special care for adults with serious mental health issues. They can limit where the person lives and their personal choices7.
Temporary conservatorships are for urgent situations, lasting up to 60 days. They provide quick help until a long-term conservatorship is set up7.
| Type of Conservatorship | Description |
|---|---|
| General Probate Conservatorship | For adults unable to care for themselves or manage their finances, often elderly or with severe physical/mental illness78 |
| Limited Probate Conservatorship | For adults with developmental disabilities who need assistance in specific areas of their lives78 |
| LPS Conservatorship | For adults with serious mental health issues requiring specialized treatment and restricted living arrangements7 |
| Temporary Conservatorship | Established quickly for immediate assistance in urgent situations, lasting until a longer-term conservatorship is in place7 |
Choosing a conservator for someone you care about follows a specific order. It starts with spouses, then adult children, parents, siblings, and others. Government conservators are last choice7.
Conservatorships in California offer care and protection for the person and manage their finances and estate. The rules and steps differ by conservatorship type89.
Conservatorship Process California
Initiating the Conservatorship Process
To start a conservatorship in California, you must fill out and file key forms with the court. These include the Petition for Appointment of Probate Conservator, Notice of Hearing, and more10.
After you’ve filed the forms, make sure the person who needs the conservatorship is served with a citation and the petition. Also, send a notice of the court hearing to their close relatives10.
Once the petition is in, a court investigator will talk to the person who needs the conservatorship and others. They check if a conservatorship is needed and give a report to the judge11.
The person who needs the conservatorship can go to the court hearing, challenge the conservatorship, and ask for a jury trial. The court will look at all the evidence and decide on the conservatorship10.
“Conservatorship should only be considered when other alternatives, such as durable power of attorney or Advance Health Care Directive, are not feasible.”10
Conservatorship Investigations and Court Hearings
Court Investigator’s Role
A court investigator talks with the proposed conservatee before the hearing. They explain the12 conservatorship process and the rights of the conservatee. These rights include the right to object, have a lawyer, ask for a different conservator, and demand a jury trial13.
The investigator also talks with the proposed conservator and reviews the petition and other information13. They meet with the conservatee’s relatives and others who might know something important. The investigator writes a report for the judge with their findings and advice on the conservatorship.
At the12 conservatorship court hearing, the judge looks at the investigator’s report13. They decide if they will grant the conservatorship. The Probate Division makes hearings quicker by having the Probate Examiner check documents before the hearing.
“The Court Investigator’s role is crucial in ensuring the conservatee’s rights are protected and the conservatorship is in their best interest.”
Responsibilities of a Conservator
If a conservatorship is granted, the appointed conservator must get a copy of the Handbook for Conservators. This book explains their duties and responsibilities14. They are in charge of the conservatee’s care and finances, and sometimes, they need to go to court trainings and report back14. In some cases, they might also need to get a surety bond to protect the conservatee’s estate14.
The goal of a conservatorship is to help the conservatee live their life as they wish, while still supporting their independence14. For managing the estate, the conservator must keep track of assets, file reports, insure things, pay bills, collect income, and manage money well14. On the other hand, the conservator of the person takes care of the conservatee’s personal needs like health care, clothes, and fun activities14.
Conservators can’t mix their own money with the conservatee’s, use it for themselves, or harm the conservatee’s assets or well-being14. If they don’t do their job right, they could lose their position and face legal trouble14.
In California, most conservatorships are for people with serious mental health issues15. The court plays a big role, which can lead to high costs for lawyers and other services15. A conservator of the estate must handle the money with care, keeping it safe and separate from other assets15.
When deciding if a conservatorship is needed, the court looks at if the person can handle their money or if they’re easy to trick15.
| Conservator of the Person | Conservator of the Estate |
|---|---|
| Responsible for the conservatee’s care, protection, and well-being | Responsible for managing the conservatee’s finances and assets |
| Arranges care, meals, health care, clothing, housekeeping, transportation, shelter, and recreational activities | Creates asset inventories, files accountings, insures assets, pays bills and taxes, collects income, and manages assets effectively |
| May have to make significant medical decisions for the conservatee, requiring court permission in most cases | Must manage the estate’s assets with the care of a prudent person, keeping assets in interest-bearing accounts and ensuring separation from other assets |
Before starting, conservators must get a conservatorship bond to protect against theft and misuse of the conservatee’s assets14. This bond isn’t always needed if the person doesn’t have much money, and the court sets the bond amount14. The conservator pays a small yearly premium14. They can also use the person’s money for legal fees with court okay14.
“The conservatorship must be the least restrictive type of assistance needed to help the conservatee lead a life of their choice, and the conservator must encourage the conservatee’s maximum self-reliance and independence.”
Overall, being a conservator in California is a big job. It involves taking care of the person and their money while making sure they have their rights and freedom1415.
Conclusion
The16 conservatorship process in California is complex, with many legal steps and duties for the conservator. It’s key to know the16 main types: probate and mental health conservatorships. These include the court petition, assessment, and hearing17.
If you need18 help with a conservatorship, talk to an experienced18 lawyer. The team at Super Attorneys Of Irvine can help you with the16 process. Visit their site at businesslawyersirvine.com or call 949-996-9546 for more info on their18 services.
Handling a16 conservatorship in California is tough, but with the right support, you can protect your or your loved one’s interests. Knowing the17 types of conservatorships and steps, and getting advice from a skilled18 lawyer, helps you make good choices. This way, you can get the best outcome for your18 case.
FAQ
What is a conservatorship?
What are the different types of conservatorships in California?
How do I initiate the conservatorship process in California?
What is the role of the court investigator in the conservatorship process?
What are the responsibilities of a conservator in California?
Source Links
- https://sanmateo.courts.ca.gov/self-help/conservatorship/how-become-conservator
- https://www.askmyattorney.net/blog/2022/march/how-does-a-conservatorship-work-in-california-/
- https://selfhelp.courts.ca.gov/conservatorships
- https://www.sdcourt.ca.gov/sdcourt/probate2/conservatorship
- https://smartasset.com/estate-planning/what-is-a-conservatorship-in-california
- https://www.sb-court.org/divisions/probate/conservatorship
- https://www.thelegacylawyers.com/blog/types-of-conservatorship-in-california/
- https://saclaw.org/resource_library/conservatorship/
- https://www.cc-courts.org/forms/packets/GC348-ConservatorshipPacket.pdf
- https://criderlaw.net/conservatorships/
- https://www.occourts.org/self-help/self-help-probate/conservatorship
- https://dmh.lacounty.gov/our-services/public-guardian/faqs/
- https://www.sjcourts.org/divisions/probate/
- https://keystone-law.com/what-is-the-role-of-a-conservator/
- https://canhr.org/probate-conservatorships-in-california/
- https://www.jlegal.org/blog/conservatorship-california/
- https://www.thelegacylawyers.com/blog/conservatorship-process/
- https://www.courts.ca.gov/documents/mcmath.pdf