What You Need to Know About How to Get a Conservatorship in California
Getting a conservatorship is a complex process that takes time. Here’s how to get a conservatorship in California.
Obtaining a conservatorship in California must be done through the process outlined by the courts. The process requires an interested party to start it and then file the required paperwork with the courts. Once in court, the judge will use his or her discretion to grant or deny the conservatorship.
What is a Conservatorship?
A conservatorship is when a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”).
Related: Conservatorship in California: The Basics
Types of Conservatorships
Depending on the needs of the conservatee, there are two possible types of conservatorships: Probate Conservatorships and Lanterman-Petris-Short (LPS) Conservatorships.
Probate Conservatorships are the most common kind of conservatorships. They can be either general or limited conservatorships. A general probate conservatorship is a conservatorship of an adult who cannot take care of themselves or their finances. A Limited Probate Conservatorship is a conservatorship of an adult with developmental disabilities who cannot fully take care of themselves or their finances. Limited conservatorships are like general conservatorships, but the level of care and help is not as high.
LPS conservatorships are conservatorships for adults with severe mental health illnesses who require special care. Typically, LPS conservatorships are for those who may need to live in a locked facility and require extensive mental health treatment. For a judge to grant an LPS conservatorship, it must be started by a local government agency; potential LPS conservatees cannot agree to the special living arrangements or treatment by themselves.
Related: LPS (Mental Health) Conservatorship in California
Temporary Conservators
If a conservatorship is needed immediately, the court may appoint a temporary conservator until a general conservator can be appointed. A temporary conservator may also be appointed by the courts to fill in between permanent conservatorships.
Temporary conservatorships are typically appointed for a fixed time period somewhere between 30 and 60 days. Their duties may include the conservatorship of a person, an estate, or both. Without a judge’s approval, a temporary conservator cannot:
- Move the conservatee from their home unless it is an emergency,
- Sell the conservatee’s home,
- Give away their renter’s lease, or
- Sell/give away an estate asset
To get a temporary conservatorship, the request must be filed as part of a general conservatorship.
Related: Emergency Conservatorships in California
Duties of a Conservator
A conservator of an adult must care for and protect the person they are responsible for. They must make sure the conservatee has the necessary food, clothing, shelter, and health care. In some cases, this may require making certain medical decisions. A conservator of an estate handles their conservatee’s finances. This may include paying their bills and collecting their income if a judge decides the conservatee cannot do it.
Who Can File for Conservatorship?
One who could file for a conservatorship may be:
- The spouse or domestic partner of the proposed conservatee,
- A relative of the proposed conservatee,
- Any interested local or state agency,
- Any friend or an interested person of the proposed conservatee, and
- The proposed conservatee themself
The courts are typically guided by the best interests of the conservatee. The courts might appoint the proposed conservatee’s nomination to be their conservator if the courts believe the nominated individual is fit to do the job. If the proposed conservatee has not, or cannot nominate someone, the law has a list of preferences that the courts must follow in order. The court must determine whether all the following people are qualified to serve as the conservator:
- The spouse or domestic partner
- The adult child
- The parent
- Any sibling
- Any other person allowed under law
- A public guardian
If a person at the top of the order does not wish to become the conservator, he or she has the right to nominate someone else. At the end of the day, the decision is made by the judge in the case. The judge is the one who will determine who is the most qualified based on the best interests of the proposed conservatee.
Conservatorship Process
The process for obtaining a conservatorship may be started by the proposed conservator, the proposed conservatee, the spouse, domestic partner, relative, or friend of a proposed conservatee, or an interested local or state agency.
Whoever is starting the process must file the required paperwork with the court.
1. File the petition.
File the proper petitions necessary for the case. The petition must have information about the proposed conservator and conservatee, relatives, petitioner, and the reasons why a conservatorship is necessary. It must also explain why there are no other alternatives to a conservatorship in the case.
File the proper petitions necessary for the case. [See here for more information on each form]
- Petition for Appointment of Probate Conservator (Form GC-310)
- Notice of Hearing-Guardianship or Conservatorship (Form GC-020)
- Attachment to Notice of Hearing Proof of Service by Mail (Form GC-020 (MA))
- Pre-Move Notice of Proposed Change of Personal Residence (Form GC-079)
- Confidential Supplemental Information (Probate Conservatorship) (Form GC-312)
- Citation for Conservatorship and Proof of Service (Form GC-320)
- Duties of Conservator and Acknowledgment of Receipt of Handbook (Form GC-348)
- Confidential Conservator Screening Form (Probate Conservatorship) (Form GC-314)
- Order Appointing Probate Conservator (Form GC-340)
- Letters of Conservatorship (Form GC-350)
- Capacity Declaration-Conservatorship (Form GC-335)
- Dementia Attachment to Capacity Declaration – Conservatorship (Form GC-335A)
2. Pay the court fee.
Related: How Much Does a Conservatorship Cost in California?
3. Inform the proposed conservatee.
Someone other than the petitioner must deliver a citation and a copy of the petition to the proposed conservatee.
4. Inform the proposed conservatee’s relatives.
A written notice must be delivered (by someone other than the petitioner) to the proposed conservatee’s spouse, domestic partner, and/or relatives about the court hearing on the conservatorship petition, together with a copy of the petition.
5. Court Investigation
A court investigator will speak with the proposed conservatee and others familiar with his or her condition. The court will also assess the conservatee’s estate for the cost of the investigation unless the court determines the assessment would be a hardship for the conservatee.
6. Wait for the Judge’s Decision
The judge will determine whether or not to grant the conservatorship.
Contact Us
If you are seeking to get a conservatorship in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal situation. Get your free consultation with one of our Conservatorship Attorneys today!