Conservatorship in California...Getting Started.
A Conservatorship is a court proceeding where a judge appoints a person called a Conservator to care for another adult who cannot care for him or herself or his or her finances.
The adult needing such care is called a Conservatee.
There are 2 types of Conservators:
- A Conservator of the Person cares for and protects the proposed conservatee when the conservatee is unable to do so.
- A Conservator of the Estate handles the conservatee’s financial matters.
An Appointment of a Conservator can be made for either or both types. A Conservator can be a loved one like a grown son or daughter, another relative or a close family friend. It can also be a private person not related to you or a public agency.
In California, there are 8 forms that need to be completed and filed for obtaining a conservatorship. This does not include any specific forms that may also be required by each California county or court. The forms are quite lengthy and require additional documentation if you are seeking Conservatorship of the person. Here's a list to get you started:
- Petition for Appointment of Conservator
- Notice of Hearing
- Confidential Supplemental Information
- Citation for Conservatorship
- Duties of Conservator
- Confidential Conservator Screening
- Order Appointing Conservator
- Letters of Conservatorship
Petitioning the court for a Conservatorship should really be a last resort as it is very costly in both time and money. It can also spur a family fight. There are ways to avoid a Conservatorship. You guessed it, proper estate planning can make a difference for most individuals.
Read the Los Angeles Times series on Conservatorships discussed in this post.
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Irvine Office
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