Conservatorships

What is a conservatorship in California?

A conservatorship in California is a legal arrangement in which a court-appointed conservator takes responsibility for making decisions for an individual who is unable to make their own decisions due to mental or physical incapacity.

What types of conservatorships are there in California?

There are two types of conservatorships in California: (1) conservatorship of the person, which gives the conservator authority over the individual's personal care and welfare, such as medical decisions, and (2) conservatorship of the estate, which gives the conservator authority over the individual's financial affairs, such as managing assets and paying bills.

Who can file for a conservatorship in California?

Anyone can file for a conservatorship in California, but the court will only grant a conservatorship if the petitioner can prove that the individual in question is unable to make their own decisions and that a conservatorship is necessary to protect their interests. 

What is the process for obtaining a conservatorship in California?

The process for obtaining a conservatorship in California involves filing a petition with the court, providing notice to all interested parties, and attending a court hearing. The court will appoint a court investigator to investigate the matter and submit a report to the court. The court will then hold a hearing to determine whether a conservatorship is necessary and who should serve as the conservator.  Mr. Brenner can assist you with the entire process.  However, you can file on your own and the Judicial Counsel of California has an excellent handbook for your reference at https://www.courts.ca.gov/documents/handbook.pdf.  

What are the responsibilities of a conservator in California?

The responsibilities of a conservator in California depend on the type of conservatorship. A conservator of the person is responsible for making decisions regarding the individual's personal care and welfare, such as medical decisions, while a conservator of the estate is responsible for managing the individual's financial affairs, such as managing assets and paying bills.

How long does a conservatorship last in California?

A conservatorship in California can last indefinitely, but it must be reviewed by the court every year to determine whether it is still necessary.

Can a conservatorship be terminated in California?

Yes, a conservatorship can be terminated in California if the individual is able to demonstrate that they are able to make their own decisions and no longer require the assistance of a conservator.

What are the alternatives to a conservatorship in California?

A: The alternatives to a conservatorship in California include durable powers of attorney for financial and health care decisions, trusts, and advance health care directives. These alternatives allow individuals to appoint someone they trust to make decisions on their behalf in the event that they become incapacitated.