• How to File Conservatorship in California

How to File Conservatorship in California

Do you want to know how to file conservatorship in California? First, when you file a California conservatorship, you will need to complete many documents. These documents are filed with the court and a hearing is set. The court will arrange an investigation to determine whether the conservatorship is in the best interest of the impaired person. Contact A People’s Choice to learn more about our affordable legal document preparation services to file conservatorship in California.  In the meantime, this article will give you with some general information about how to file conservatorship in California.

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Get help filing a California Conservatorship!

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What is a Conservatorship?

A California conservatorship is a legal relationship between a responsible adult and an impaired person.  The “conservator” is the adult who cares for the impaired person. The “conservatee” is the impaired person. The court allows the conservator to do certain things that an impaired person cannot do themselves. This would include the right to take care of his/her finances and their personal care. The conservator may be a spouse, a conservatee’s close family member, best friend, or a business entity.

What Does it Mean to be Conservator for a Person?

First, a conservator has many duties. If you are acting as the conservator of a person, these duties might include:

  • Arranging for the conservatee’s meals, health care, clothing, housekeeping, transportation, and over-all well-being.
  • Deciding where the conservatee will live and the type of recreation he/she will engage in.

Secondly, if you are acting as the conservator of a person’s estate, the duties are different. For example, a person who is the conservator of an estate has duties involving the finances of the conservatee. For example, these duties would include managing the conservatee’s finances, collecting the conservatee’s income, paying the conservatee’s bills, maintaining accurate financial records, and filing regular financial reports with the court.

Types of Conservatorships in California

In particular, it is important to understand the different types of conservatorships. This will help when considering how to file conservatorship. To clarify, there are two types of conservatorships in California, a Limited Conservatorship and a General Conservatorship. Generally speaking, the process to set up a conservatorship will depend on which type of conservatorship you need. “Need” is based on what role a conservator has managing the affairs of the conservatee and what type of disabilities the conservator has.

To demonstrate, a limited conservatorship is typically filed when a conservatee is able to manage some areas of their life, but not all. More specifically, with a limited conservatorship the conservatee’s duties are strictly limited to certain areas the conservatee can’t manage themselves. For example, the conservatee may have a mental condition that prevents them from handling their finances, but may be able to take care of their own physical needs (dressing, eating, etc). In this situation, a limited conservatorship would be proper. On the other hand, a general conservatorship allows for more comprehensive care of the conservatee. This type of conservatorship allows the conservator to provide for most, if not all, of the conservatee’s personal care and financial needs.

How to File Conservatorship in California

As mentioned above, the court requires many documents to file a California conservatorship. As you are learning about how to file conservatorship, you may consider low-cost options for professional help. This is often the reason people hire the help of A People’s Choice. If you do want to try to file a conservatorship without any professional help, you should contact your local court. They will let you know which forms you may need to file for conservatorship in your county. It is important to realize, although most courts use the same conservatorship forms, other local forms are often needed. There are many steps to obtain a california conservatorship. In general, you need the following forms to start a California conservatorship petition:

  • Petition for Appointment of Probate Conservator GC-310
  • Notice of Hearing-Guardianship or Conservatorship GC-020
  • Attachment to Notice of Hearing Proof of Service by Mail GC-020 (MA)
  • Pre-Move Notice of Proposed Change of Personal Residence GC-079
  • Confidential Supplemental Information (Probate Conservatorship) GC-312
  • Citation for Conservatorship and Proof of Service GC-320
  • Duties of Conservator and Acknowledgment of Receipt of Handbook GC-348
  • Confidential Conservator Screening Form (Probate Conservatorship) GC-314
  • Order Appointing Probate Conservator GC-340
  • Letters of Conservatorship GC-350
  • Capacity Declaration-Conservatorship GC-335
  • Dementia Attachment to Capacity Declaration – Conservatorship GC-335A
  • ATTACHMENT to Judicial Council Form MC-025

Contact us for help completing the conservatorship forms above. We can help you complete and file the forms with the court.

What are Alternatives to a Conservatorship?

A person can avoid a family member having to file a conservatorship through good estate planning. This includes having a valid power of attorney for financial and health related matters. With this in mind, the protected party must be of sound mind when they sign a legal document. This includes signing a power of attorney or healthcare directive. Contact A People’s Choice to learn more about alternatives to a conservatorship. We offer clients self-help materials to given them a better understanding of how to file conservatorship in California. We also can prepare all the required paperwork. Call us today at 800-747-2780.

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By |2018-02-18T01:53:21+00:00February 18th, 2018|Conservatorship|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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