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CALIFORNIA CONSERVATORSHIP
A People’s Choice can save you hundreds of dollars by preparing your
California conservatorship documents instead of an expensive attorney!
Estate Planning Learning Center Our online learning center provides quick access to valuable information contained in our web
site, California and Federal Codes, Court web sites and other legal sources of information.
Conservatorship:
A conservatorship allows an adult to legally care for another who is unable to care for himself. In
California, a conservatorship may be established for adults and in some instances married or divorced minors. A
conservatorship is a court process whereby the judge gives an individual the right to control another adult, their property,
or both. To become a conservator for another individual, you must file a petition and the court has to approve it.
If the court orders a conservatorship, it can be:
- of the person;
- of the person’s estate (their property); or
- both
A conservator of the PERSON is responsible for making sure that the conservatee has
proper food, clothing, shelter and health care. The conservatee may live with the conservator or elsewhere.
A conservator of the ESTATE is necessary if the conservatee has substantial assets
and income, and cannot manage them alone, or if the conservatee is susceptible to being taken advantage of financially by others. Depending on your situation, you may need a
conservatorship of the person, the estate or both.
The Conservatee's Rights: A conservatee does not lose all rights. They can still have
a say in important decisions. They have the right to:
- Be treated with understanding and respect;
- Have their wishes considered; and
- Be well cared for by the conservator.
In general, conservatees keep the right to:
- Control their own salary;
- Make or change their will;
- Get married;
- Get mail;
- Have a lawyer;
- Ask a judge to change conservators;
- Ask a judge to end the conservatorship;
- Vote, unless a judge says they're not able to;
- Control personal spending money if a judge says they can have an allowance; and
- Make their own healthcare decisions, unless a judge gives that right to a conservator.
A California conservatorship must be formally established and ended by a court. After documents have been filed with the
court, a court investigator conducts an investigation, a hearing date is set and a judge decides whether to appoint a
conservator. During the conservatorship, a conservator must periodically give the court information about what assets are
in the estate and how they are being handled. A clear description of a conservator’s responsibilities and duties are outlined
in the Conservatorship Handbook published by the Judicial Council of California.
Filing Your Proceeding Using our Self-help Services: In view of the voluminous paperwork required by the court,
preparing all of the necessary conservatorship documentation can easily be overwhelming for the average lay person. For
routine proceedings, this process can easily be facilitated with our full service document preparation and processing.
A People’s Choice can save you hundreds of dollars by preparing your
California conservatorship documents instead of an expensive attorney!
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