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CONSERVATORSHIPS

What is a Conservatorship?

In California the court process for granting authority over the person and/or estate of an individual is called a conservatorship. The person appointed to manage the estate and/or person is called the conservator and the person conserved is called the conservatee. Generally, these conservatorship proceedings are heard and handled in the Probate Division of the California Superior Court.

Conservatorships are usually expensive and always invasive. However, they are a valuable way to prevent financial or physical abuse of an individual who may be unable to speak for themselves or understand their vulnerability.

In other states this process may be known as a guardianship. In California, a guardianship usually relates only to a minor.

What Types of Conservatorships Are There?

There are two types of conservatorships. The Probate Conservatorship, which is a general proceeding involving the care and management of a person or that person's estate, or both. In addition to the Probate Conservatorship, in California, there is a proceeding called an LPS conservatorship. This is a conservatorship where the person suffers from some mental disability and is confined to a mental health facility or locked unit.

The Process

The California conservatorship process is designed to keep all of the participants in a case on an equal footing. For example, once a case is filed with the court, a hearing date is set. Prior to the date of hearing, the county Court Investigations Unit will visit the proposed conservatee, review medical records, check the background of the proposed conservator and make a report to the judge of their findings. To assist the court in determining the extent of the power it should grant the proposed conservator over the care and management of another person, confidential information about the facts of the case are provided, a declaration from the doctors as to the health or capacity of the proposed conservatee and other helpful information.

The process of requesting appointment as a conservatorship is slightly different in each county. For example: In one county, on the date of the hearing to determine whether to approved the conservatorship, the proposed conservator may be required to view a film about conservatorships. In all counties, a conservator is required to purchase a handbook which describes the conservatorship process.

Even if a conservatorship may be eventually granted, the conservator is not given unlimited rights with regard to the conservatee's assets or other decisions. A conservator may take only the actions approved by the court and specifically request other authority. For example: If the conservator wishes to move a conservatee from a place of residence, the court must investigate the appropriateness of such new residence. Or, if the conservator wishes to create an estate plan for the conservator, evidence must be presented and evaluated to determine if the plan is one which the conservatee would have approved.

Lastly, where a conservatorship over the estate is approved, the conservator must give an accounting to the court how the income and assets of the conservatee have been managed. The accounting is required one year from the date appointed and then every two years thereafter.

Summary

Conservatorships are an important tool to protect individuals. However, in some instances, the conservatorship cost and intrusion could have been safely avoided by creating a thoughtfully drafted estate plan. The presence of a trust can alleviate the cost associated with the bi-annual accountings. A durable power of attorney for health care may prevent the need for a conservatorship involving the need to make health care decisions.

Our office is experienced in conservatorships and the conservatorship process. We represent conservators and are often appointed by the court to represent a conservatee and protect his or her rights or create an appropriate plan for care of the estate or person.

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