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Frequently Asked Questions about Conservatorship
A Conservatorship is a court proceeding in which a Judge appoints a family member, friend or other responsible person (conservator) to care for another adult (conservatee) who cannot care for themselves and/or their finances.
In a Conservatorship of the Person, the conservator is responsible for making sure that the conservatee has proper food, clothing, shelter, and health care. Depending on the conservatee’s ability to understand and make decisions, the conservator may need to make important medical choices for him or her.
In a Conservatorship of the Estate, the conservator handles the conservatee’s financial matters. These duties include managing the conservatee’s finances, protecting income and property, paying bills, making investments, preparing and filing taxes on behalf of the conservatee. The conservator is also required to make regular reports of the financial account to the courts and other interested parties.
General Conservatorships are often for elderly people, but can also be younger people who have been seriously impaired, like in a car accident, for example.
Limited Conservatorships are for adults with developmental disabilities who cannot fully care for themselves or their finances. Conservatees in Limited Conservatorships do not need the higher level of care that conservatees in General Conservatorships need.
A temporary conservatorship may be set up when a person needs immediate help. A judge, upon finding of good cause, may appoint a temporary conservator of the person or of the estate, or both, for a specific period until a permanent conservator can be appointed. A temporary conservator arranges for temporary care, protection, and support of the conservatee and protects the conservatee's property from loss or damage. A temporary conservator may also be appointed to fill in between permanent conservators, if, for example, the permanent conservator dies or the judge has ordered his or her removal. The authority of a temporary conservator is much more limited than a permanent conservator.
If the only purpose of the temporary conservatorship is to designate an individual to make medical decisions on behalf of an incapacitated person, a temporary conservatorship may not be needed. Certain individuals, such as an incapacitated person's spouse or the public guardian, can petition the court for authority to make medical decisions on behalf of an incapacitated individual. (Prob. Code §3200).
When a Petition for Appointment of Probate Conservator is filed, the Court will determine if an investigation is required prior to the hearing. If one is required, a Court Investigator will be assigned to the case and will contact the parties.
In Limited Conservatorships and General Conservatorships where the Petition is alleging that the proposed conservatee has Major Neurocognitive Disorder (F.K.A. Dementia), the Court will appoint an Attorney to represent the proposed conservatee. The Court Appointed Attorney will contact the parties and prepare a report for the hearing.
After appointment, all Conservatorship cases are subject to periodic investigations by the Court Investigator. (Prob. Code §1850)
The following forms are required to start the Conservatorship proceedings:
The Court also offers the following self-help packets on Conservatorships of the Person, which include all of the required forms and information on how to file:
If the Court grants your Petition for Appointment of Probate Conservator (JC Form #GC-310), you must complete and submit the following forms along with a copy of each form and a self-addressed and stamped envelope:
If the Court grants your Petition for Appointment of Temporary Conservator (JC Form #GC-111), you must complete and submit the following forms along with a copy of each form and a self-addressed and stamped envelope:
There are courts costs – the court filing fee and the investigation fee. The current fee amounts can be found on the Court’s Fee Schedule.
If you cannot afford to pay the fee, you can request a Fee Waiver from the Court. The Fee Waiver Packet – Guardianships and Conservatorships (SDSC Form #PKT-041) must be completed and filed with your Petition.
A general overview of the Conservatorship process can be found here.
All conservators, excluding limited conservators of the person and Private Professional Conservators as defined by Prob. Code § 2340 must complete an education class as ordered at the time of their appointment as conservator. Classes must be completed within six months of appointment as a conservator, and a Certificate of Completion – Conservatorship Orientation Class (SDSC Form # PR-186) must be filed with the court. Failure to complete this requirement may be grounds for removal and could result in the imposition of sanctions, as ordered by the court.
Links to the online classes can be found below. If you have additional questions, please call (619) 698-9450.
NOTE: The online classes are provided by the Superior Court of Riverside, but meet the minimum requirements for conservatorship in this county.
If you or the conservatee move residences, you must inform the court in writing as follows:
NOTE: If you want to move the conservatee outside of California, you must ask for the court’s permission before you can make the move. You must complete and file the Petition to Fix Residence Outside the State of California (JC Form #GC-085). After which, a hearing date will be set to determine if the court will allow the move out-of-state.
If the Conservator or Conservatee change telephone numbers, you must notify the court by filing the Notice of Change of Address or Other Contact Information (JC Form #MC-040) indicating the new telephone number.
The California Conservatorship Jurisdiction Act, effective January 1, 2016, is a uniform law that provides a means to transfer a conservatorship proceeding from California to another state when the conservatee is to become a permanent resident of the other state. The law also provides for transfers of conservatorships from other states to California under the same circumstances.
Forms for transferring Conservatorship from California to another state (Outgoing):
Forms for transferring Conservatorship from other states to California (Incoming):
This law also permits conservators appointed in other jurisdictions to register with a California court on behalf of their nonresident conservatees. Registration in California would permit the foreign conservator to act in this state – a useful power if, for example, a nonresident conservatee without capacity to consent to immediate medical treatment becomes ill while visiting relatives in California or owns California real property that must be sold, leased, or mortgaged. Registration provisions in the law of other jurisdictions may also permit California conservators to register their conservatorships in those jurisdictions.
Required forms for the Registration of a Conservatorship in California:
If you have a possible transfer or registration issue, either in or out of California, you may wish to seek the assistance of experienced counsel in all affected jurisdictions as the laws are complex.
Upon the death of a conservatee, you must complete and file the Notice of the Conservatee’s Death (JC Form #GC-399) with the Probate Business Office. You must also serve a copy on all relatives who were initially served the Petition for Appointment of Conservator (JC Form #GC-310). If the conservatorship is of the person only, no further action is required after the Notice of Conservatee’s Death (JC Form #GC-399) has been filed.
NOTE: If there is a conservatorship of the estate, a final accounting must be filed before the conservator can be discharged. The final accounting is due 3 months after the Notice of Conservatee’s Death (JC Form #GC-399) has been filed.
Contact an attorney of your choice. If you need help locating an attorney in San Diego County, you may contact the Lawyer Referral & Information Service of the San Diego County Bar Association at 1-800-464-1529 or 619-231-8585. Their website can also be found here.