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Superior Court of California - County of San Diego: Probate: Probate FAQ: Conservatorship FAQ
    

Conservatorship Frequently Asked Questions

  1. What is the difference between a general and limited conservatorship?
  2. There are so many forms to complete. Can someone at the court help me?
  3. I just received a notice to pay an assessment fee from the court. Why?
  4. How do I prepare an accounting?
  5. Can I pay myself a salary from the conservatee's estate?
  6. I do not live in California and my elderly relative needs assistance. Who can help?
  7. What is an LPS conservatorship and where do I file?


1. What is the difference between a general and limited conservatorship?

A general conservatorship is usually initiated for an adult who is declining in their ability to make either personal or financial decisions for themselves, like an elderly parent or an adult who suffers a head injury. A limited conservatorship is for an adult who has a disability that began prior to turning eighteen and is designed to promote as much self-sufficiency as possible.

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2. There are so many forms to complete. Can someone at the court help me?

The front counter staff is unable to give legal advice. Legal Aid Society has a conservatorship clinic where an attorney can assist by explaining the process. Click here for location and times of the conservatorship clinic. The Judicial Council also has a self-help center.

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3. I just received a notice to pay an assessment fee from the court. Why?

The probate code requires that a court investigator conduct a field investigation as various petitions are filed with the court and review the conservatorship at intervals set by the court. (Prob. Code §1851.5) sets forth that an assessment fee is due for each report prepared by the court investigator.

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4. How do I prepare an accounting?

(Prob. Code §1060-1061) and (Prob. Code §2620) set forth the requirements for filing an accounting. The Judicial Council has mandatory forms to prepare a conservatorship accounting.

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5. Can I pay myself a salary from the conservatee's estate?

Not without a court order.

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6. I do not live in California and my elderly relative needs assistance. Who can help?

If your relative is in need of a conservator, the Public Guardian, a county agency, can petition to serve. You may also contact a professional conservator to petition the court.

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7. What is an LPS conservatorship and where do I file?

An LPS conservatorship is for a person who is a danger to him/herself or others. LPS conservatorships are not heard in the Probate department in San Diego. LPS conservatorships are heard in the Mental Health Department of San Diego Superior Court.

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