What You Need to Know About Conservatorship in California
In a conservatorship, a guardian manages another person’s daily life and/or financial affairs. Here’s everything you need to know about conservatorship in California.
Conservatorships typically occur when an individual is mentally or physically unable to care for themselves. A conservatee refers to the adult who needs to be taken care of, while a conservator is the adult responsible for the conservatee.
Does conservatorship end at death in California?
In California, conservatorships typically end at death. Thus, a conservatee’s death results in an automatic end to the conservatorship. That being said, this does not mean the conservator is exempt from completing related responsibilities. Courts will allow the conservator to be released from all responsibilities after the conservator officially files to terminate the case, thus officially ending the conservatorship.
In California, if a conservator passes away, relatives, friends, or the conservator’s representative of his or her estate must inform the court. The conservator’s representative of his or her estate, or executor, is responsible for filing a complete account of financial affairs related to the conservatee. If a conservator’s executor is not available, another conservator will be mandated to do so.
How hard is it to get conservatorship in California?
In California, courts will appoint a conservator based on the best interest of the conservatee. Depending on the age and mental state of the conservatee, the courts will typically appoint a conservatee’s preferred conservator. This ultimately depends on what the courts deem to serve the conservatee’s best interests.
If the conservatee has no preference and does not nominate anyone to be his or her conservator, the court will usually follow a legal list of preferences prior to making a final decision. The preference order goes as follows:
- The domestic partner or spouse of the conservatee
- An adult child of the conservatee
- A parent of the conservatee
- A sibling of the conservatee
- An interested person, such as a close friend, of the conservatee
- A public guardian
Related: How to Get Guardianship of an Elder in California
How long does it take to get conservatorship in California?
Arranging a conservatorship in California is known to take a long time. The court needs to ensure that a conservatorship is an appropriate arrangement for the case or situation at hand, while ensuring that the conservator appointed will be the best individual for the position. The steps to getting conservatorship in California include:
1. Beginning the process
Conservatorships can be started by a nominated conservator, a proposed conservatee, the spouse/domestic partner of the conservatee, a friend of the conservatee, an interested person (such as a close friend) of the conservatee, a local agency/interested state, or a public officer. The process of arranging a conservatorship begins after required paperwork is completed by one of the people listed above and filed with a court.
2. Completing a petition
Information related to both the proposed conservator and conservatee must be included on a petition that will be filed with a court. Further information that should be listed includes details about relatives, the petitioner, reasons behind the necessity of a conservatorship, and why alternative options are less suitable or unavailable for the case.
3. Filing the petition
The petitioner is responsible for filing the petition with the court clerk. The petitioner is also responsible for paying a filing fee as well as a court investigator fee. The clerk will schedule a court date. Fee waivers may be applicable in cases where petitioners are low income.
4. Informing the proposed conservatee
A citation and copy of the petition must be personally delivered to the proposed conservatee. It is required that the proposed conservatee is informed of the petition.
5. Informing the relatives of the proposed conservatee
An individual other than the petitioner must mail a written notice regarding the conservatorship petition court hearing to the conservatee’s spouse, domestic partner, and/or close relatives. Further, a copy of the petition must be included.
6. Investigation completed by a court investigator
It is required that a court investigator discusses matters related to the conservatorship with the proposed conservatee and others that are familiar with the particular case. The court investigator will also assess the conservatee’s estate.
7. Attending the court hearing
The proposed conservatee is required to attend the court hearing unless otherwise stated. At such a hearing, a judge will determine whether or not everyone is sufficiently informed of the case. After such is determined, the judge will decide on whether or not to grant or deny the conservatorship. In the case that the petition is granted, Letters of Conservatorship will be issued as well as a court order appointing the conservator. A surety bond must be filed if there is an estate involved.
If a judge grants the conservatorship, the conservator must purchase a copy of the Handbook for Conservators from the court. The conservator can then assume the powers authorized under the law and must take part in special training offered by the court. Conservators have responsibilities involving regularly reporting to court for reviews and meeting with the court investigator.
Can I get a conservatorship for a child in California?
A conservatorship for minor children is also known as guardianship. Guardianships are put into place when a non-parent adult seeks the right to care for a minor child. Guardianships function similarly to conservatorships because they allow the appointed caregiving adult certain rights to manage any personal affairs or estate-related conflicts that the child may be involved with.
Overall, guardianship is set up to allow an individual other than a child’s biological parent to have legal custody of the child, manage the child’s property, or both. In cases where a child is an immigrant seeking a special immigrant juvenile status, courts may extend the guardianship to exceed the age of 18 (to 21). It is important to note that this sort of arrangement is not the same as an adoption.
Related: Temporary Guardianship of Minors in California
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