In the State of California, guardianship is outlined as being the caretaker of a minor who is considered by law to be unable to take care of themselves or their own interests. However, minors under the age of 18 are not the only people who may need guardianship over themselves, as adults may also fall into this category. Here’s everything you need to know about getting guardianship of an elder in California.
Types of Conservatorships in California
A legal guardianship over adults in California is referred to as a conservatorship. The person or organization appointed by a judge to take care of another adult is called a conservator. Additionally, the adult in need of conservatorship to care for themself or their finances is called the conservatee.
Within the State of California, there are several types of conservatorships depending on the circumstances of the conservatee. This may include conservatorship of an estate, which is the responsibility of handling the finances of an elderly person and managing their estate for them. Furthermore, the conservatorship of an elderly person themself entails making sure they get the medical care they need, as well as proper nutrition and appropriate housing. The process for obtaining guardianship over an elder and the responsibilities assumed by the conservator will be discussed in further detail.
Guardianship Process
The conservatorship process is a long and complex process. In California, the conservatorship court process is as follows:
Starting the Conservatorship
The process of conservatorship begins with the proposed conservator, conservatee, or another person interested in taking conservatorship over the elderly person. The process of conservatorship begins once all the necessary paperwork is filed with the court.
Completing the Petition
The necessary petition to be filled out is the Petition for Appointment of Conservator form.
Filing the Petition
When filing this petition, an individual must include all information about the proposed conservator, conservatee, and anything else concerning the reasons as to why a conservatorship is necessary.
Informing the Proposed Conservatee
This step involves informing the elderly person of the petition for guardianship. The petitioner must have someone else personally deliver a citation and copy of the petition to the proposed elder.
Informing the Conservatee’s Relatives
Similar to the prior step, the proposed conservatee’s relatives must be notified of the petition. The petitioner must have someone else mail a written notice about the court hearing on the conservatorship petition, along with a copy of the petition.
Investigation by a Court Investigator
The purpose of this step is for a court investigator to speak with the proposed conservatee, as well as others who may be familiar with their condition. This also allows the court to assess the elder’s estate.
Hearing
Unless they are ill, the proposed conservatee is responsible for attending the hearing. Here, the judge will determine if all necessary requirements and paperwork have been completed, and if a lawyer needs to be appointed to represent the proposed conservatee. If the petition is granted by the judge, an order appointing the conservatorship will be filed and Letters of Conservatorship will be issued.
Responsibilities of an Elder’s Guardian
Just as a parent’s guardianship over a child is expected to put the child’s interests first, the same applies to a conservatorship over an elder. There are various duties of an elder’s guardian, which may include deciding where the elderly person will live, how to keep the elderly person healthy, how to prepare a budget based on the elderly’s person’s finances, and how to arrange for recreation and social contact. For further information on the expansive responsibilities involved, it may be helpful to take a look at California’s handbook for appointed guardians.
FAQs About Guardianship of an Elder in California
Are there any alternatives to guardianship?
Yes, there are several alternatives to guardianship as long as there are medical or financial factors that apply. For medical and personal care decisions, a court may authorize medical treatment, or restraining orders to protect against harassment. For financial decisions, a power of attorney may be implemented, or the court may involve a substitute payee for public benefits.
Related: Elder Abuse Restraining Orders in California
Can a conservatorship be ended or changed?
Yes, despite a conservatorship usually being a permanent arrangement, there are certain cases where it may be terminated or changed. Examples where this may apply include: the conservatee becomes able to handle their own affairs, they no longer have any assets, they die, or the conservator is removed by the court.
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