What is A Probate Conservatorship in California?
Probate conservatorship in California is a court process. This legal process allows the court to appoint a responsible adult (called a conservator) to care for another adult (called the conservatee). Specifically, the court chooses a conservator to take care of the conservatee when it determines that the conservatee cannot take care of their health or finances.
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.
See also: What Is Probate & How Does It Work?
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:
- Petition for Appointment of Probate Conservator (JC Form #GC-310)
- Citation for Conservatorship (JC Form #GC-320)
- Confidential Supplemental Information (JC Form #GC-312)
- Confidential Conservator Screening Form (JC Form #GC-314)
- Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators (JC Form #GC-348)
- Petition for Appointment of Temporary Conservator (JC Form #GC-111)
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!
See also: Probate Services Brentwood LYNX
Contact Lynx Legal Service 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.