Call Today! (888) 863-4111
Schedule A Free Phone Consultation Click Here

The Conservatorship Process

The process of becoming the conservator of a person, an estate, or both is complex. In order to establish a conservatorship, a petition must be filed in the Probate Court of the county where the conservatee resides. All relatives of the conservatee must be notified of the conservatorship proceedings in case they wish to object. An examination of the proposed conservatee’s mental capacity must be submitted to the court by the person petitioning for conservatorship.

Upon filing the conservatorship petition, the court will send investigators to determine the conservatee’s well-being. In order to provide the judge with an objective report, the investigators will also contact relatives, friends, and other interested persons. The court will also appoint an attorney to represent the interests of the proposed conservatee if he or she is alleged to have dementia or Alzheimer’s disease.

Types of Conservatorship

A conservatorship petition is likely to be approved by the judge if no one contests it, and the investigator’s and attorney’s reports indicate that a conservatorship is appropriate. Conservators of estates are responsible for overseeing the finances and assets of another person, so either they must be bonded or the assets must be placed in blocked accounts that cannot be accessed without a court order.

It is possible for anyone to petition for conservatorship, including the proposed conservatee. In this situation, the judge will need to investigate further and possibly hold a trial if someone objects to the conservatorship. It is not uncommon for more than one person to petition for conservatorship in such circumstances. A judge must determine whether a conservatorship is appropriate, and if so, who should be appointed conservator. It is a legal requirement that certain individuals get preference when there are multiple applicants for the position of conservator.

Woman reading to elder man - conservatorships for aging adults | Conservatorships Done Right

When the conservatee has the legal capacity to nominate the conservator at the time of the nomination, then the person nominated by the conservatee has the highest priority. Conservators are appointed by the court in California in the following order of priority:

  1. spouse;
  2. adult child,
  3. parent,
  4. sibling,
  5. any other interested person, and
  6. the public guardian.

The highest priority person can nominate another if he or she declines to act. In the event that all qualified family members and friends refuse to serve, a professional fiduciary or public guardian will likely be appointed by the court.

Ready to Get Started?

If you're ready to discuss your conservatorship needs or have any questions, our team is here to help. Contact us today to schedule a consultation and take the first step towards securing the best interests of your loved ones.

At Conservatorships Done Right, we are committed to providing you with the resources, knowledge, and legal expertise you need to navigate the conservatorship process confidently. Whether you're seeking to establish a conservatorship, contesting one, or simply exploring your options, our resources hub is here to support you every step of the way.

Let’s see how can we help you with a conservatorship?

Complete the form below and we'll reach out to you as soon as possible to discuss your matter.

Rather give us a call?

(888) 596-3590

Name(Required)
Hidden

National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
National Academy of Elder Law Attorneys, Inc. | Dennis M. Sandoval
Dennis M. Sandoval
Rated by Super Lawyersloading ...