How Does the Conservatorship Process Work in California, and When Is It Necessary?

What is Conservatorship in California?

If a senior becomes incapacitated or disabled, the court may appoint a responsible person or entity to manage their affairs and care for them. This legal arrangement is known as conservatorship and differs from guardianship, which is a legal relationship for managing the affairs of a minor child.

A skilled California estate planning attorney explains that conservatorships involve health and estate matters. On the contrary, guardianship is established when a child’s parents can’t provide a safe and secure home environment due to mental disability, death, or other factors.

Types of Conservatorships

Conservatorships are the least restrictive assistance to help an incapacitated individual lead a life of their choice. Given the different levels of care people need, a conservatorship lawyer in California says that the law provides for different types of conservatorships:

• General conservatorship: The conservator has all the powers and responsibilities except for those deemed unnecessary
• Limited conservatorship: The conservator’s powers are limited to up to 7 specific powers, depending on the individual’s needs
• LPS conservatorship: It is also known as mental health conservatorship and is established for overseeing the mental treatment of a senior who is mentally incapacitated, a condition that the court must determine. 

If you have a senior loved one needing conservatorship, consult an experienced California conservatorship attorney for legal counsel. They can help you evaluate each type of conservatorship and guide you through the process of appointing a person responsible for your loved one’s care and protection or management of their estate.

Who Can File a Petition for Conservatorship?

Before petitioning the court for conservatorship, the interested parties must determine eligibility. The following parties can be eligible for the legal arrangement:

• A relative
•  A friend
•  Public official
• Non-profit agency
• Professional conservator

Before the court grants conservatorship, the proposed conservator must be bondable. A surety agency must be willing to grant a bond to ensure the conservator executes their duties faithfully. A California conservatorship attorney should also represent the conservator.

What is the Process of Establishing a Conservatorship?

The steps for establishing conservatorship in California can be complex, but a skilled conservatorship attorney in California can help you navigate:

Gather the Necessary Information and Documents

A skilled estate planning lawyer in California can advise you on the documents and information you must gather before filing a conservatorship petition. The documents include:

• Medical documentation that consists of the date of the diagnosis and confirmation
•  Documentation from the Regional Center that includes reports of services received and the most updated Individual Program Plan
•  Proof of benefits received, such as payment stubs from SSI and Medi-Cal eligibility documents

If you want to manage the individual’s estate, you may need more documents. Work with a skilled legal expert to ensure you’re on the right path.

Fill Out and File Forms

You must file the conservatorship forms in a probate court in the county where the individual with a developmental disability lives. Some of the forms to file include the following:

• Form GC-310: Petition for Appointment of Probate Conservator to express your interest to the court to be appointed as a limited conservator. The Form requires you to provide information about you and the person with a disability.
• Form GC-312: Confidential Supplemental Information that requires you to provide information about the adult with a disability, whether they can provide for their daily needs, and what options you have explored. However, don’t attach this Form to the petition.
• Form GC-314: Confidential Conservator Screening Form that every conservatorship petitioner must fill out for screening purposes.
• Form GC-320: Citation for Conservatorship that notifies the person with a disability of the intention to seek conservatorship.
• GC-020: Notice of Hearing, which indicates the names and addresses of the relatives to be served with the notice by mail. Once you file it, the clerk will write the hearing date.
• Form GC-348: Duties of Conservator that outlines your roles and responsibilities. You must read, date, and sign the Form.
• Form GC-340: Order Appointing Probate Conservator of the Person that you must fill and submit in court, after which the judge will fill out and sign once they appoint you a conservator.
•  Form GC-350: Letters of Conservatorship that you must also fill out, which will be returned to you once the judge appoints a conservator.

Ensure you make and keep copies of these forms before submission. You may need to fill out other forms depending on the needs of the person with a disability. Seek the legal counsel of an experienced conservatorship lawyer in California for an in-depth case assessment.

Notify the Relevant Parties

After filing your petition, you must notify the following parties:

• The adult with a disability
• The adult’s relatives, including their spouse, parents, children, and grandchildren
• Regional Center where the adult receives services

An adult of sound mind, known as a server, delivers a copy of the Petition and court date to these parties. The adult and their relatives must be notified at least 15 days before the court date and the Regional Center at least 30 days in advance.

Investigations and Court Hearing

The court will assign an investigator to conduct an investigation and complete a report for the judge to review. The investigator will assess the adult with disabilities and report on the specific area, nature, and extent of the disability. The report must be filed at least five days before the court date, and you must receive a copy, which is confidential.

During the hearing, the court will assess your petition, review the report, and decide whether to grant the conservatorship. The proceedings and documents filed with the Court are a public record, and the judge must approve all major decisions.

A Skilled Estate Planning Lawyer Helping You Navigate the Conservatorship Process

Conservatorship is a legal arrangement that helps protect incapacitated seniors from abuse because the court supervises the conservator.

The conservator must account for all transactions involving the individual’s income and assets. If yo————u wish to petition the court for conservatorship, an experienced estate planning attorney in California can help.

The Sheela Stark Law Group, APC, has a dedicated conservatorship lawyer who is knowledgeable in helping clients care for the needs of their loved ones. Our legal team can provide an overview of how the process works and how to obtain the legal relationship. Call us at 909-675-1545 for a FREE consultation.