Conservatorship
Contents
Empowering Families: Our Conservatorship Services
We understand the importance of providing compassionate and professional conservatorship services to individuals and families in need. Our dedicated team is here to guide you through the complexities of conservatorship, ensuring the well-being and protection of your loved ones.
What is Conservatorship?
Conservatorship is a legal arrangement where a court appoints a responsible person or organization (the conservator) to manage the financial affairs, assets, and/or personal care of an individual (the conservatee) who is unable to do so themselves due to incapacity or disability.
In California, conservatorship is governed primarily by the California Probate Code, specifically under Division 4 (Conservatorship) and Division 4.5 (Alternative to Conservatorship). Here are some key aspects of conservatorship law in California:
Types of Conservatorship:
Conservatorship of the Person: This type of conservatorship involves appointing a conservator to make decisions regarding the conservatee’s personal care, including healthcare, living arrangements, and daily activities.
Conservatorship of the Estate: This type of conservatorship grants a conservator authority over the conservatee’s finances, assets, and property management.
Criteria for Establishing Conservatorship:
A conservatorship may be established if the court finds clear and convincing evidence that the proposed conservatee is unable to provide for their personal needs or manage their financial affairs due to physical or mental incapacity.
The court will appoint a conservator if it determines that the appointment is necessary to protect the conservatee’s interests and well-being.
Appointment of Conservator:
The court may appoint an individual or a professional fiduciary as the conservator of the person, the estate, or both, depending on the conservatee’s needs and circumstances.
Preference is generally given to family members or close relatives of the conservatee, but the court will prioritize the best interests of the conservatee when making appointments.
Powers and Duties of Conservator:
A conservator has various powers and duties as outlined by the court order appointing them. These may include making decisions regarding the conservatee’s healthcare, living arrangements, financial management, and estate planning.
Conservators are required to act in the conservatee’s best interests, exercise reasonable care, and comply with legal and fiduciary obligations.
Termination or Modification of Conservatorship:
Conservatorships may be terminated or modified by the court if the conservatee’s condition improves, if there is a change in circumstances, or if it is determined that the conservatorship is no longer necessary.
The conservatee, interested parties, or the court may petition for termination or modification of the conservatorship, and the court will review the matter based on the evidence presented.
Reporting and Accountability:
Conservators are required to file periodic reports with the court detailing their actions, decisions, and expenditures on behalf of the conservatee. These reports help ensure transparency, accountability, and oversight of the conservatorship.
Alternatives to Conservatorship:
California law also provides alternatives to conservatorship, such as powers of attorney, advance health care directives, and trusts, which allow individuals to plan for potential incapacity and appoint agents to manage their affairs without court intervention.
It’s important to note that conservatorship laws and procedures may vary depending on the specific circumstances and jurisdiction within California. Individuals seeking information or assistance with conservatorship matters should consult with a qualified attorney or legal professional familiar with California probate law.
