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Blog for People

Conservatorships in California

Last edited 105 days ago by Ted Broomfield

SUMMARY

This blog is aimed at people who are faced with the all-too-common problem of when an adult cannot care for himself or herself and someone wants to take legal responsibility, called a conservatorship.

DETAILS

What is a conservatorship?

A conservatorship is a court case where a judge appoints a responsible person (a conservator) to care for another adult (the conservatee) who cannot care for themselves or manage their own finances1234. The judge can only appoint a conservator if other less restrictive options won't work1. In California, this process is called a conservatorship

Types of conservatorships.

A conservatorship must be the least restrictive type of assistance needed to help a person with a developmental disability lead a life of their choice. That requirement continues even after a conservator is appointed.

Because people need different levels and types of help there are different types of conservatorships.

General conservatorship: A conservatorship where the conservator has all powers and responsibilities, except ones found unnecessary.

Limited conservatorship: A conservatorship where the conservator’s powers are strictly limited to up to 7 specific powers based on the needs of the conservatee

With either type of conservatorship, the conservator may handle just the care of the person or may also manage the person's finances.

If they're responsible for a person's care and protection, it's called a conservatorship of the person.

If they handle finances, it's called conservatorship of the estate.

If someone needs a conservatorship of the person and the estate, a judge could appoint one person to be in charge of both or they could have different people.

Seven Powers in a Limited Conservatorship

A limited conservator may have up to 7 powers:

Fix the conservatee's residence or specific dwelling

Access the conservatee's confidential records and papers.

Consent or withhold consent to the conservatee to marry

Exercise the conservatee's right to enter into a contract

Give or withhold medical consent on behalf of the conservatee

Exercise or limit the conservatee's right to control social and sexual contacts and relationships

Make decisions about the conservatee's education

In a limited conservatorship, the judge first decides if a person with a developmental disability needs a conservatorship. If the judge decides they do, the judge must consider one by one whether the person needs help in each of the seven areas of life covered by the seven powers. The judge may grant the limited conservator only the powers that are requested and that the court determines necessary.

Temporary conservatorship.

A temporary conservatorship may be set up when a person needs immediate help. A judge, upon finding of good cause, may appoint a temporary conservator of the person or of the estate, or both, for a specific period until a permanent conservator can be appointed. A temporary conservator arranges for temporary care, protection, and support of the conservatee and protects the conservatee's property from loss or damage. A temporary conservator may also be appointed to fill in between permanent conservators, if, for example, the permanent conservator dies or the judge has ordered his or her removal. The authority of a temporary conservator is much more limited than a permanent conservator.

Timeline

The California Court has a timeline for conservatorships:

⁠

https://www.sdcourt.ca.gov/sites/default/files/sdcourt/generalinformation/forms/probateforms/pr179.pdf⁠

⁠

Standard for Granting a Conservatorship Needing help is not enough to warrant an appointment of a conservator. A judge can only appoint a conservator if you can show that it's necessary to promote and protect the person’s well-being. The conservatorship must be designed to encourage the conservatee’s maximum self-reliance and independence.

If you haven't yet, explore some options. If you ask to be a conservator, you'll need to explain why some of these won't work for your situation.

Papers Required

The following forms are required to start the Conservatorship proceedings:

Petition for Appointment of Probate Conservator (

JC Form #GC-310PDF⁠

)

Citation for Conservatorship (

JC Form #GC-320PDF⁠

)

Confidential Supplemental Information (

JC Form #GC-312PDF⁠

)

Confidential Conservator Screening Form (

JC Form #GC-314PDF⁠

)

Referral Information and List of Relatives (

SDSC Form #PR-020PDF⁠

)

Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators (

JC Form #GC-348PDF⁠

)

Petition for Appointment of Temporary Conservator (

JC Form #GC-111PDF⁠

)

The Court also offers self-help packets, which include all of the required forms and information on how to file:

General Conservatorship of the Person Packet (

SDSC Form #PKT-045PDF⁠

)

Limited Conservatorship of the Person Packet (

SDSC Form #PKT-030PDF⁠

)

If the Court grants your Petition for Appointment of Probate Conservator (JC Form #GC-310), you must complete and submit the following forms along with a copy of each form and a self-addressed and stamped envelope:

Order Appointing Probate Conservator (

JC Form #GC-340PDF⁠

)

Letters of Conservatorship (

JC Form #GC-350PDF⁠

)

If the Court grants your Petition for Appointment of Temporary Conservator (JC Form #GC-111), you must complete and submit the following forms along with a copy of each form and a self-addressed and stamped envelope:

Order Appointing Temporary Conservator (

JC Form #GC-141PDF⁠

)

Letters of Temporary Guardianship or Conservatorship (

JC Form #GC-150PDF⁠

)

Mandatory Education

All conservators, excluding limited conservators of the person and Private Professional Conservators as defined by

Prob. Code § 2340⁠

must complete an education class as ordered at the time of their appointment as conservator. Classes must be completed within six months of appointment as a conservator, and a Certificate of Completion – Conservatorship Orientation Class (

SDSC Form # PR-186PDF⁠

) must be filed with the court. Failure to complete this requirement may be grounds for removal and could result in the imposition of sanctions, as ordered by the court.

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