Conservatorship FAQs

A conservatorship is a legal process where a judge appoints a responsible person, the Conservator, or organization to care for an adult who cannot care for him or herself, and lacks the capacity to take care of their financial affairs or to make decisions regarding their health care.

A conservatee is a person who lacks the capacity to take care of his/her financial affairs or to make decisions regarding his/her health care.

The law in California generally permits a spouse, parent, child or friend, to be the Conservator.  A conservator must act in the conservatee’s best interest.

The duties of a conservator of the person are to:

• Arrange for the conservatee’s care and protection
• Decide where the conservatee will live
• Make arrangements for the conservatee’s:
  • Meals,
  • Health care,
  • Clothing,
  • Personal care,
  • Housekeeping,
  • Transportation,
  • Shelter,
  • Recreation,
  • Companionship and
  • Well-being
• Get approval from the court for certain decisions about the conservatee’s health care or living arrangements
• Report to the court on the conservatee’s current residence and status

The duties of a conservator of the estate are to:

• Manage the conservatee’s finances
• Locate and take control of all assets
• Collect the conservatee’s income
• Make a budget to show what the conservatee can afford
• Pay the conservatee’s bills
• Responsible for investing the conservatee’s money
• Protect the conservatee’s assets
• Account to the court and to the conservatee for the management of the conservatee’s assets

A disability, illness, or injury can make it difficult or impossible for someone to make decisions about his or her health care, financial affairs, living situation, or other personal matters.

Examples may include:

• Someone who is in a coma.
• Someone who is mentally challenged.
• Someone who has Alzheimer’s disease or other forms of dementia.
• Someone who has had a stroke.
• Someone who has suffered a brain injury
• Someone who is disabled

The court may find that the person is incapacitated or lacks capacity to make decisions. The court will then appoint a conservator.

Filing of a conservatorship petition at probate court is a lengthy process. It generally takes 60 – 90 days to get a hearing unless there is urgent circumstance in which an emergency hearing is necessary.

A conservatorship lasts as long as the conservatee lacks capacity, or until the conservatee dies, or the Probate Court determines the Conservatorship is necessary.

The best way to avoid a Conservatorship is to have your Estate Planning prepared before the need arises.  A well drafted, Revocable Living Trust, Will,  Durable Power of Attorney, Health Care Directives, Living Will and other estate planning documents are essential.  DO NOT LET THE STATE OR COURT CONTROL YOUR FUTURE.

At Claveran Law Firm we recognize how complex the process can be to gain conservatorship of an adult, as well as guardianship over minors in certain circumstances. Should you choose to work with us, we will walk you through the entire conservatorship process and help explain the different areas of the law. You can trust in us.

Conservatorships are expensive financially and emotionally. Take control today.

Some Day is Today.  Call us to assist you with your Estate Planning needs.