We all hope we’ll be healthy and accident-free for a lifetime, but unfortunately, sometimes things take a turn. What if this has happened to someone you love in San Francisco County, CA, and they’re no longer able to care for themselves? You now need to learn how to file for conservatorship in San Francisco County, CA.
To help you to recognize this legal process, we’ve crafted this overview on how to submit conservatorship in San Francisco County, CA. Continue reading to figure out which arrangement of conservatorship in San Francisco is right for you to enjoy. We’ll show you how to file for conservatorship in San Francisco County, CA, as well as teach you about some of the basics of California conservatorships.
What Is a San Francisco County Conservatorship?
First of all, what is a conservatorship? In San Francisco County, CA, as in the rest of California, a conservatorship is a legal setup meant to protect somebody who can’t make decisions for themselves.
There are many reasons why somebody may not have the ability to make their very own choices. A patient with mental disorders, someone in a coma who needs 24/7 medical care, a senior person whose memory is failing, or someone struggling with a short-term issue like drug abuse might all need such an arrangement.
Conservatorship describes when such an individual is put under the care of a responsible third party. This person, known as the conservator, looks to help the impaired party (the conservatee) take care of financial affairs, general day-to-day life choices, and the like.
Some conservatorships don’t last forever. If that’s the case, the court might release the present conservator from their duties and/or select an additional lawful conservator if necessary. This can happen if a conservatee recovers (for example, existing substance abuse disorder treatment) and no longer needs the conservatorship.
It’s essential to remember that conservatorships are reserved for those 18 and up in San Francisco County. If a child needs this kind of treatment, it’s referred to as “guardianship.” Guardianship is for kids under the age of 18 that have no one to care for them in California.
What Is a Conservator?
As mentioned above, essentially, a conservator is designated by the court to make life decisions for the conservatee. If you’re a conservator, you have a legal responsibility to make decisions for the conservatee to the very best of your ability, skills, and beliefs.
Any individual, including family members, can take legal action against a conservator if they think the conservatee isn’t acting for the conservatee’s benefit or that conservatorship abuse has actually occurred. If you’re a conservator, you can take precautions to prevent such accusations. These include simple, common-sense steps like keeping careful records and making sure the conservatee is in contact with friends and family
Who Can Be a Conservator?
Sometimes, the incapacitated person has the psychological and physical capacity to share who their preferred conservator is. The conservator is often an adult kid or partner of the incapacitated individual. If this happens, the judge can appoint that individual unless somebody argues that it wouldn’t be best for the recommended conservatee.
Sometimes, a mental disability or physical disability renders the conservatee unable to choose a conservator. If this occurs, the court typically refers to a list of recommended persons qualified to work as conservators. They consist of:
- The partner or domestic partner
- Adult child
- Any other person that the legislation consents to offer
- Professional conservators
The judge picks the conservator by taking into consideration the best potential caretaker for the conservatee. A public conservator can be arranged for those people that need a conservator yet have no one in their lives to fill the job.
How Can You Become a Conservator in San Francisco County, CA?
If you believe someone important to you requires a conservator, ask yourself if you’re prepared to tackle that responsibility. If so, it’s time to learn about how to file for conservatorship in San Francisco County, CA.
To be successful in your filing for initial conservatorship, you need to offer a persuading lawful case. Taking away an incapacitated person’s decision-making authority is a serious matter, so this process can be somewhat drawn out. You’ll need to prove that a psychiatric history of developmental disabilities or medical problems absolutely prevents the conservatee from caring for their own personal affairs or finances.
San Francisco County Superior Court
If you’re filing for conservatorship or another matter of law in San Francisco County, CA, you’ll need to visit San Francisco County Superior Court. The court is located at 400 McAllister St, San Francisco, CA, 94102, just a two-minute walk from San Francisco City Hall.
At the time of writing, court hours are 8:30 a.m. to 12:30 p.m. Monday through Friday. You can call 1-415-551-4000 or visit the court website linked above to learn about the most recent COVID-19 restrictions
Now, without further ado, this is the basic process for filing for conservatorship within the city and county of San Francisco.
How to File for Conservatorship in San Francisco County, CA?
Submit a Conservatorship Petition
You require to complete and file a conservatorship application as a first step. This petition details info on the suggested conservatee, their family members, and the petitioner/conservator.
Make sure to indicate why the conservatorship is required and why the other choices aren’t sensible. You will have to prove through the potential conservatee’s medical history, psychiatric history, or other information that they aren’t able to care for themselves.
These are the forms you’ll need to file as a conservator as a part of the application process. Keep in mind that you’ll need to pay filing fees as well, although there are waivers for filing fees for those with financial hardship. You can get help filling these out from A People’s Choice.
- GC-310 Petition for Appointment of Probate Conservator
- GC-020 Notice of Hearing
- GC-320 Citation for Conservatorship
- GC-312 Confidential Supplemental Information
- GC 314 Confidential Conservator Screening Form
- GC-335 Capacity Declaration
- GC-340 Order Appointing Probate Conservator
Inform the Proposed Conservatee and Their Relatives
California requires the petitioner to enlist the help of someone to serve papers on their behalf. This contact person must:
- Provide notice of the filing to the recommended conservatee
- E-mail a written notification to the conservatorship court hearing
- Deliver a copy of the application to the conservatee’s family members 15 days before the hearing date
This procedure guarantees everyone understands what’s taking place and has the opportunity to dispute if they want to. This includes any potential conserved persons.
Prior to making any kind of choice about the potential conservatorship, the court identifies whether all the required people described above have actually been notified of the potential conservatorship. The judge can then grant the petition if they decide the situation merits a conservatorship. They will then release the letters of conservatorship, providing you with the legal authority you need to care for your loved one.
The individual subject to the above-described conservatorship should be at the hearing in person unless they can’t be there due to medical purposes. If there’s an estate connected with the conservatorship pursuant to the case, the conservator should submit a guaranty bond unless the account is locked.
What Is a Conservatorship Account in San Francisco, CA?
Wondering what that last point means? Well, if your request is successful and you end up being the conservator of the impaired person, you might be a conservator of the estate (monetary conservator). In that case, you need a conservatorship account to handle their financial affairs.
A conservatorship holds real property and money owed by the conservatee. If the above-described conservatorship is a conservatorship of the estate, you as the conservator can make monetary decisions for the conserved persons and pay their living expenses using their assets.
Naturally, there are safeguards in place to protect the conserved persons’ personal property and estate funds in these cases. At times, an isolated public conservator has bilked estate funds from multiple conservatees, so these safeguards are in place for a reason.
Protecting Your Integrity as Conservator of Estate Funds
When opening and managing a conservatorship account, you have to clarify that the money comes from the conservatee. You can do this in multiple ways, including
- Take careful note of all the conservatee’s personal property as soon as the initial conservatorship is approved
- Dividing the estate funds from every person else’s, including your own
- Opening a dedicated conservatorship account to hold the person’s assets
This keeps you answerable as a conservator. It has the added bonus of ensuring no one (including estate investigators) can implicate you in making use of the individual financial resources of the conservatee for personal gain.
Get Help with Your Conservatorship with A People’s Choice
Conservatorships can greatly help those with mental health problems or a medical condition that prevents them from making daily living decisions. If you’ve established your loved one could take advantage of a conservatorship, it’s time to start working on your application! You may have noticed, however, that establishing a conservatorship in San Francisco County is a legal process that entails submitting a lot of documents to the San Francisco County Superior Court. It’s essential that you fill in all your paperwork comprehensively to avoid delays.
A People’s Choice is a legal document prep work solution that can help you with this and any other civil matter of law. Legal document preparation is one of the common, less expensive alternatives to hiring an expensive conservatorship attorney. We can help you to complete your paperwork for this civil matter at a fraction of the expense of law practice. Call us today to get going so you can provide your loved one with the best assistance possible.