• What is A Probate Conservatorship in California

What is A Probate Conservatorship in California?

A probate conservatorship in California is a court process. This legal process allows the court to appoint a responsible adult (known as the conservator) to care for another adult (known as the conservatee).  Specifically, the court selects a conservator to care for a conservatee when the court determines that the conservatee is unable to care for his or her well-being or finances.

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Get help filing a Probate Conservatorship!

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Conservatorship of the Person vs. Estate

The judge may order a probate conservatorship of the estate or a conservatorship of a person.

Conservatorship of the Estate:

A probate conservatorship of the estate allows the conservator to manage the conservatee’s finances. The conservator can use the conservatee’s income to pay their bills and housing expenses. The conservatee must also manage the conservatee’s investments, prepare and file taxes on the conservatee’s behalf, and manage the conservatee’s real estate.

Conservatorship of the Person:

A conservatorship of the person obligates the conservator to ensure the conservatee has proper food, shelter, clothing, and health care. The conservator may make health decisions for the conservatee as well.

General vs. Limited Conservatorship

The court may also approve a limited or general conservatorship. The court may order a general conservatorship when the conservatee is severely impaired ( ex – traumatic brain damage). On the other hand, the court may put in place a Limited conservatorship for adults who have developmental disabilities. The powers of a limited conservator are different from the powers of a general conservator. The limited conservatorship may allow the conservatee to continue to care for his or her everyday well-being but limit their authority to make financial transactions on their behalf without the help of the conservator.

Temporary vs. Permanent Conservatorship

The court may order for the conservatorship to be temporary. A judge may appoint a temporary emergency conservatorship for a specified period until the court approves a general conservatorship. Under a temporary conservatorship, The court restricts Conservators as to what they can or can not do with the conservatee’s person or estate. More specifically, some courts require prior judicial approval before the conservator can make property acquisitions or medical decisions.

It takes time to become a court-appointed conservator, and many steps are involved. For example, the court requires a conservator to undergo a background investigation. This investigation helps to determine if the proposed conservator is fit and able to carry forth the required duties. To become a conservator, you can complete the following forms to start the proceedings:

Keep in mind that the conservatorship forms mentioned above are not all the required forms to get a conservatorship set up. For example, a typical conservatorship petition and companion documents may, when completed, consist of 40-60 pages and can take several days to accurately complete. This is one of the main reasons clients choose A People’s Choice –  to help them navigate and complete the very overwhelming required paperwork!

Contact A People’s Choice for more information on how to get a probate conservatorship in California. We can help you complete and file all the probate conservatorship forms to get a California probate conservatorship.

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By |2019-05-12T09:32:31-07:00July 11th, 2018|Conservatorship|2 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.

2 Comments

  1. Connie A Austin November 14, 2018 at 1:42 pm - Reply

    As with attorney offices, it would be nice if the opportunity to consult with someone were available. A second brain is helpful when deciding to take conservatorship of another person/s.

    • Sandy McCarthy November 25, 2018 at 8:19 am - Reply

      Clients always have the option to consult with an attorney of their choice to get any legal advice they need. However California law does not allow legal document assistants to “consult” with individuals about legal rights or remedies. Our role under the law is strictly limited to document preparation.

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