A conservatorship is a legal arrangement that allows a responsible adult to manage the personal care or financial matters of an impaired adult person. Under a conservatorship arrangement, the individual who is unable to care for himself is known as the conservatee. Additionally, the family member, friend, or business entity who cares for the conservatee is called the conservator, as outlined in California Probate Code. Please note that a conservatorship in California must be established through a court proceeding. However, to simplify the process, we’ve created a short guide outlining how to obtain conservatorship in California.
Types of Conservatorships
There are two types of conservatorships in California: limited conservatorship and general conservatorship. In a limited conservatorship, the conservatee is deemed mentally impaired. Furthermore, the conservator’s powers are limited to the area in which the conservatee may not be able to manage on his or her own. Usually, the court encourages limited conservatorships because they allow conservatees to maintain as much independence as possible.
On the other hand, a general conservatorship provides a higher level of care to the conservatee. This type of conservatorship is best for a person who is unable to fully provide personal care for themselves or make financial decisions.
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.
We Help File California Conservatorship!
How to Obtain Conservatorship in California
1. File a Petition for Conservatorship
One of the first steps of obtaining conservatorship in California is completing and filing a petition for conservatorship. These petition documents are quite cumbersome and can be extremely confusing without professional help. For example, the documents cover information about the proposed conservator, conservatee, the conservatee’s immediate relatives, and the reasons for conservatorship. Additionally, the petition must also explain why there are no possible alternatives to a conservatorship. Ultimately, the petition must be filed with the local court in which the proposed conservatee resides. For help with every part of the petition process, from filling to filing the forms, contact A People’s Choice.
2. Serve the Notice of Petition
Once the petition is filed, the court clerk will schedule a court date. At this point, a neutral adult must serve the proposed conservatee notice of the petition for conservatorship. Additionally, they must also serve the relatives of the proposed conservatee. Furthermore, at this time, a court appointed investigator will speak to the proposed conservatee and others to collect more information about the conservatee’s condition.
3. Attend a Court Hearing
Next, the proposed conservatee must attend the court hearing unless they do not have the capacity to do so. During the hearing, the judge will determine if all family members were properly notified. Additionally, the judge may appoint a lawyer to represent the proposed conservatee. Ultimately, the judge may grant or deny the conservatorship.
4. Learn Your New Role
Finally, as long as the judge grants conservatorship, the court will file an order appointing the conservator and issue letters of conservatorship. Be sure to review the Handbook for Conservators for more information about your new role. However, as soon as the court issues letters, you may now assume the powers authorized per the court order.
If you’re looking to become a conservator for a family member or friend and need assistance with your legal documents, contact A People’s Choice. We can help you fill and file paperwork and also provide more information about how to obtain conservatorship in California.
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.
Documents Needed to File Conservatorship in California
As mentioned above, the court requires many documents to file a California conservatorship. 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.
Hello- I am looking for answers on behalf of my friend and neighbor, whose 25 y/o daughter has a documented history of substance abuse and mental instability, and has been in and out of jail for the last ten years. The daughter was having an episode and got hit by a drunk driver while walking in the street the other night and is currently in SICU this moment. Assuming the person who hit her has insurance we are all terrified of this girl getting a payout and having control of it- she will almost certainly kill herself with an overdose if she is not exploited for her money like she’s already being exploited by the people feeding her addictions. Her mother is Punjabi and has perfunctory English knowledge, and will undoubtedly have trouble navigating the legalese language and stack of paper work necessary to obtain. I would love any information you can offer and possibly try to facilitate direct communication with you and the mother if she decides it is in her best interest. Thank you
Hello, You should speak with a conservatorship attorney to see if it is the correct choice for your situation.
My 22y/0 sibling lives with our parents. Diagnosed with schizophrenia. He only takes his meds when given to him and sometimes question why he has to take them. He refuses inpatient treatment and is challenged with using substances. Can my parents obtain conservatorship for him?
Hello,
You should speak with an attorney to find out what type of conservatorship may be best for you. We only offer General Conservatorship services.
Thank you,
My 54 year old cousin has a substance abuse problem and suffers with MS. Due to MS, she can barley walk, her hygiene isn’t a priority and her substance abuse has caused major cognitive issues. She lives alone in her own home but the home’s condition are deplorable. Our family has recently learned that she has married someone who is serving a life sentence and she is spending most of her income to finance his appeal. Is it possible to file for conservatorship for a person who will not agree to the arrangement of a conservatorship?
Hello Rochelle, We can prepare the paperwork for the conservatorship, but you may want to obtain legal advice regarding your particular circumstances.
My ex wife and I have filed a conservatorship for our developmental challenged daughter, 48 1/2 yrs old since 1992 in Santa Clara CA. Our last filing was in 2003. Recently my ex wife has decided to relinquish her conservatorship to our grown son, 43 yrs old. How best can we file the case and update the name changes. Your advise is much appreciated.
Hello Chandler, I would seek legal advice on ending the conservatorship. The new parties names cannot simply be updated on the documents, they would most likely need to petition the court for their own appointment. You can call the office on 800-747-2780 for a member of staff to take the necessary information.
Hi Sandra,
My daughter who is developmentally delayed is about to turn 18 in July and I’m trying to find out if a conservatorship is legally necessary for my daughter.. I have received different feedback from different sources where some say I do need one and the regional center says I don’t since it’s taking her rights away.. she’s not in the mental capacity to make decisions or care for herself ..
Typically you would need a limited conservatorship.
What’s the cost of filing for conservatorship? And can two people apply ?
Two people can apply. Our fees can be found on our website
I’m interested in using this service but live out of state, how would we proceed under these circumstances?
We are able to easily help people who live out of state as long as you are dealing with a Californis legal matter. Our use of technology including online interviews, portal chat and our cloud document system makes it super easy! Give us a call at 800-747-2780.
Hello I have a 25yrs old daughter that has a cognitive learning disability to the point that she thinks at 7 or 8yr old level. She also has been diagnosed with schizophrenia. She has been a regional client for many years. She also has many other issues with people. She is on a lot of medication and has to be given her medication because she cant do it herself along with cooking or laundry, driving ect. How hard and how long would it take to get a conservatorship for her and what kind do you think I would need to get a limited or a general?
Unfortunately we cannot advise you regarding the “type” of conservatorship you may need. Once you decide however, we can definately help you with the paperwork. You may want to ask a question through avvo.com which is where you can present questions to lawyers for low cost or free.
Hello my mom has dementia and I need emergency conservatorship, but a lawyer told me that you have to own a house and have a really good job to qualify Is this true? my credit is good, and no criminal record or no bankruptcy, I thought that that was all that was needed? I am unemployed but I want to be my moms caregiver, I have POA on her medical only right now and conservator ad litem with court case for my mom. I was thinking that if I dont qualify perhaps guardian instead? Thank you I hope you can clarify.
Getting a conservatorship of someone has nothing to do with your financial well-being! We help prepare conservatorship documents for people all the time. Give us a call at 800-747-2780.
My aunt and uncle have no children and live in California. My mother .. her sister is her only living relative. My aunt may have demensia or altzemiers my mom was granted access from my aunts doctor to review her medical records and medications. My uncle has signs of dementia but is still able to make decisions. As a family (my mom has 8 children we are all far away in distance NY PA Virginia SC NE ) we are very close. My aunts condition came on quickly so we were unprepared.My sister flew to CA and got them into an assisted living at a wonderful home as they are financially well off. My uncle was included in all decision making as he is private and independent. We were in the process of getting them medically figured out
We had a social worker as they needed care at their home until we could get them situated which took several months of planning they have no will or power of attorney in place. We were working on all of this And without notice we found out that emergency conservator ship was going to court in 2 days from the home assistance team that took care of them prior to them moving to assisted living. My uncle did not like her so we objected to her being conservator and my mother was never notified by the courts. We wrote formal objections to submit to her being appointed but she pushed the date forward due to what she cited as a dire emergency. She also stated to the judge that the family was telling our uncle to object which we never did. What are our options as she said she now will not let my mother view her sisters meds or talk to her doctor about her condition which my aunt and her doctor agreed upon I have documentation that was permitted.she wants to take over and has no regard for her family or her husband. We have insisted that my mother be called 3 days a week to check on her. I believe she is a predator of the elderly what are our options as she said she intends to apply for full conservatorship once the temporary emergency expires
Unfortunately, we cannot give you “option” or discuss your rights. Only an attorney can do this. You may want to talk to a lawyer about your options.
Son turning 18 next week,can I still file for conservatorship and what is the estimate cost?
Is your son developmentally disabled? Please refer to our pricing page https://apeopleschoice.com/california-estate-planning/conservatorship-pricing/
Hello, my father had a massive stroke and has been left incapacitated on his right side and cannot communicate. He is in a skilled nursing facility and his bills are mounting. Thankfully he is covered by medicare/medical, but we (his family) are unable to get into his bank account to help pay for mounting bills. I have the conservatorship paperwork. Is there a way to speed up the process? If so, what is the cost for doing so? Thank you for any help.
There is a process to file for temporary conservatorship at the same time as you file for permanent conservatorship.
Wife diagnosed with Alzheimer’s and we do not have a POA. My wife is with me on title and have no other joint assets together.
Need to pull money out of home to pay for the home placed her in. Met with an attorney and seems expensive (quoted $8K). is there a way to lower that cost by filing with you? Can you recommend an attorney in Ventura that can assist?
Sounds like you need to file a conservatorship. We can certainly prepare the paperwork and save your money.
Hi Sandy,
We have an teenage son who is moderate to severe autistic. We do not expect him can make any important decision at age of 18. At what time should we start to apply for the conservatorship? Thanks.
You should probably start looking into the process shortly before he turns 18.
My mom is developing dementia/alzhemiers and her boyfriend is opening accounts in her name that shes unaware, we found several diff docs. What should i do?
You may want to file for conservatorshp. We can help you with that paperwork.
Our son is 20, and has been suffering from depression for many years. Medication doesn’t work, and now he refuses to even take any. He also refuses to go to therapy. All he does is sit in bed and says he doesn’t care anymore whether he gets better or not. He has suicidal ideation, and we have taken him to emergency room several times our of fear that he’ll hurt himself. Doctors recommend medication plus therapy, eventually a residential treatment center, but we can’t take him there without his approval.
Do you think this medical condition could justify a conservatorship so that we can make the medical decisions for him and force him to follow through with them?
I would not want to make any predictions on this issue. You may want to run it by a lawyer. Once you know you want to proceed, give us a call as we can help with the paperwork.
It is hard to anticipate what a court would order.
Hi Sandy,
I am looking to get Conservatorship for my 38 years old son who is diagnosed with schizophrenia. The main problem is that he after releasing from hospital refusing to continue to take the medications and gets worse again and again since 2008. What would you advise me. Do you accept this kind of cases? Thank you
We could certainly help you file conservatorship if that is the legal path you choose to take. Give us a call at 800-747-2780.
Hi Sandy, Im applying for conservatorship to get our former developmental disabled client for 19 years. My wife past away 9 years ago and I took-over the care home operation. I retired but I would like to get back this client who doesn’t have any family who’s now living in another care home. She’s like our own daughter, she’s 65 years old and very very close to us (we don’t have any children) . I hired a lawyer (Joedy DeFrank) in Sacramento the first of August, 2018, it’s now November and nothing is happening. I have yet to received a call from the court or a letter from some office. I’m getting very disappointed. Every end of the month I’d call him for any progress but he won’t tell me anything and instead he’ll let me sign some docs or ask me the same questions he asked a month ago. Everytime I visits her, my heart melts. She would like to go home with me, she’ll hold my arm so tight and won’t let go. She’s autistic and profoundly retarded. I’m getting depressed and I hope you can advise or help me. This lawyer was referred by the lawyers referral service. Thanks so much!!
If you are not happy with your lawyer, I would fire him and go with someone else that can offer you more expedited and satisfactory services.
How long does it generally take to get conservatorship? I care for my developmentally disabled 23 year old daughter who has down syndrome. Thank you.
Depending on whether you seek temporary and regular orders, you could be appointed within 2 weeks up to 90 days. There are many variables.
My sister in law had a major stroke and can’t talk with just a few words like yes or no but not sure sure understand that much and is in a nursing home now but trying to get med I cal but there is so many issues my brother her husband is alwaysby her side but we are trying to find out as she has bills, IRS she owes , and she had annuity but no one can get in to . And don’t know how going to pay for her nursing home as med I cal hasn’t approved her yet Her and no one can get into her accounts as in her name only. She is in placerville , California. Could he get conservatorship. Thank you
It sounds like someone needs to seek s conservatorship order.
It sounds like someone needs to seek a conservatorship order.
Hi Sandra,
My name is Linda. My husband had brain hemorrhage on May 23,2018. He is incapacitated, unable to move and speak. He is in long term care acute. To make my story short. I apply for disability for my husband and the social security office need me to get a court conservatorship because I can not sign the medical release form. They need my husband to sign the medical release form. How long would it take to get the paperwork and how much does it coast. The social security gives me just 10 days to send the documents back to them.
Please call the office if you need help filing an emergency conservatorship. We can go over pricing and time. The paperwork is quite extensive. 800-747-2780.