Conservatorship in California: What to Know
Learning about conservatorship in California may be necessary as time moves, we all get older, and care needs become a higher priority. As a conservator or a conservatee, it always helps to have the basic knowledge.
Read further on for the important details.
Introduction
While many of us would love to stay young and vibrant, life has other plans. And, as our body ages, so does our mind. Eventually, we get to the point where we can no longer care for ourselves or make the best decisions.
Spouses and kids watch this happen and often want to find ways to make life a bit easier for loved ones – releasing their burdens. Becoming a conservator in California can allow a more able-bodied and able-minded person to look out for, care for, and protect an elderly loved one. Here’s what you need to know.
What is a Conservatorship?
A conservatorship is a legal agreement in which one adult (the conservator) takes on the responsibility of managing things such as personal care and financial matters for an elderly individual (the conservatee) who may no longer be able to handle these duties on his or her own. A trusted adult is asked to take over in some ways like guardianship for adults.
In California, there are two kinds of conservatorship, limited and general.
A limited conservatorship is granted when the conservatee (the elderly individual in question) has been considered to be in an impaired mental state, such as a developmentally disabled adult. As the name suggests, the limited conservatorship gives limited powers – only allowing the appointed adult to handle matters in a specific area that can’t be managed. This type allows for the individual to retain some of his or her own powers and independence.
A general conservatorship gives greater control to the appointed individual. He or she is then able to make all personal care and financial decisions for the conservatee. For this to be granted, the courts need to deem the elderly individual as unable to make these decisions or provide the necessary personal care on his or her own.
Who Can Be a Conservator?
The courts in California allow several different people to file as a conservator. However, they do take into consideration who the conservatee has nominated, assuming he or she has done so. One should know that the court always moves for what is in the best interest of the conservatee and may not always go with the nominated individual.
The following people can become a conservator:
- The spouse/domestic partner
- A relative
- An interested state or local entity
- An interested friend or family member
- An individual nominated by the conservatee.
If no one has been nominated as conservator and the conservatee is unable to make this decision, then the court will appoint someone who is qualified. The court prefers to go in this order when making their selection.
- Spouse/domestic partner
- Adult child
- Parent
- Sibling
- Public Guardian
Though truth be told, the final appointed conservator is ultimately left up to the judge.
Duties of a Conservator
When dealing with an elderly family member and daily life, it may seem easier to just take on the responsibility as a conservator. But many duties come with this decision. After all, you are essentially taking on responsibility for his or her life and needs. The duties of a conservator involve:
- Maintaining personal care and safety.
- Arranging housing.
- Taking care of daily living, including meals, healthcare, clothing, housekeeping, transportation, social time, and overall well-being.
- Manage finances.
- Locate and take control of assets and income.
- Paying bills, protecting assets, and maintain an accurate accounting of funds.
During the time of a conservatorship, the conservator is also responsible for regularly reporting the conservatee’s status, seeking guidance and approval from the court when it comes to big decisions concerning the conservatee, and even reporting a breakdown of the management of assets and funds.
Though, despite all of this responsibility, sometimes a conservatorship is necessary and in the best interest of the individual.
How Do You Create a Conservatorship?
It is important to note that creating a conservatorship is not a simple task. The judge and court will go through a grueling legal process while the intricate details of one’s life will be combed through. It can put a lot of stress on the entire family.
The entire process begins when a petition is completed and filed with the court, along with the appropriate fee. This petition includes all the necessary information, such as who the proposed conservator is, any remaining family, and why the petitioner feels it is necessary to obtain a conservatorship.
A court date will be scheduled and the petitioner must have someone personally deliver a copy of the petition to the proposed conservatee. The petition cannot be the one to do this. In addition, the relatives of the proposed conservatee need to receive written notice via mail, along with a copy of the petition.
Once the case is opened, a court investigator will be assigned to the case with the responsibility of talking to the proposed conservatee as well as with any others who may be able to shed some light on his or her medical and mental condition. This is done before the scheduled hearing.
At the hearing, a judge will review the findings from the investigation as well as the petition and make a ruling on whether to grant or deny the request for conservatorship. If granted, an order appointing the conservator will be filed, Letters of Conservatorship will be issued, and the judge will decide whether a surety bond should be filed or order the conservatee’s bank accounts to be frozen. This will vary from case to case depending on the situation and whether or not there is an estate.
Hire an Attorney
Going through the conservatorship process can feel a bit intrusive. Whether you are trying to become a conservator or you are the conservatee, it always helps to have an attorney on your side that can guide you through the process and make sure the best possible outcome is achieved.
Allowing someone to take over control of another’s care and finances is a tough choice to make. Though, sometimes it is necessary. With an experienced lawyer on your side, you will be able to know your rights – and the rights of everyone involved – and be sure that every step is followed correctly.
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