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Browsing in Probate > Conservatorship

Conservatorship


California Courts Conservatorship Self-Help


Conservatorship, In General

Conservatorship is a proceeding used when an adult is unable to care for his or her personal and or financial well being.

To view the "With Heart: Understanding Conservatorships" video, click here.

To provide proof of viewing at your initial hearing, click here.

A Limited Conservatorship (Probate Code §§ 1827.5, 1828.5, 2351.5) is for a person who is developmentally disabled. In this type of conservatorship, the powers of the conservator are limited so that the disabled person may live as independently as possible.

A General Probate Conservatorship (Probate Code § 1800, et seq.) is for all other adults who are unable to provide for their personal needs due to physical injury, advanced age, dementia, or other conditions rendering them incapable of caring for themselves or making them subject to undue influence.

Since conservatorships are an infringement on one's control over his or her person and/or estate, compliance with all legal requirements is very important. The proposed conservatee must be personally served with a citation issued by the court. A court investigator is sent to interview the proposed conservatee and a recommendation is made to the court. After the conservator is appointed, he or she must submit regular reports to the court. The court investigator visits the conservatee one year after the conservator is appointed and every other year thereafter. It is also common for an attorney to be appointed to represent the interests of the conservatee.

Once the Petition for Appointment of Conservator has been filed, the clerk will set the matter for hearing. The hearing will generally be set approximately 30 days from the date of filing.

A petition to appoint a temporary conservator can also be filed at the same time or subsequent to the petition for the appointment of a permanent conservator if the filing party feels there is a present emergency necessitating a temporary appointment. A Petition for Appointment of a Temporary Conservator is placed before the judge on an ex parte basis, and the petitioner will have no opportunity to speak directly with the judge. It is important that all information supporting the need for emergency orders be contained in the application for temporary conservatorship, including copies of all relevant medical, police, or Adult Protective Services reports.

Court Investigators: Guardianship and conservatorship investigations are completed for the court by the court investigators. For questions regarding investigations, please call (559) 457-1888.

If you are concerned about the personal or financial welfare of an adult who appears unable to protect themselves from harm, please contact Adult Protective Services at 255-3383.

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