Uncontested Conservatorships in California: When and How to Petition the Court

What Should Your Family Know About Conservatorships in California?

Many adults in California suffer from a serious illness, injury, psychological disorder, or advanced age that may render them unable to make decisions for or care for themselves. If this describes someone you love, speak to an Orange County conservatorship attorney about establishing a conservatorship.

Which adults in California should have conservatorships established? Can your loved one challenge your conservatorship petition? Who may serve as a conservator in this state, and what are that person’s responsibilities?

When a family member’s abilities become limited due to illness, injury, or age, an Orange County conservatorship lawyer can answer these questions and explain when and how to petition a California court to establish a conservatorship for your loved one.

How Are Conservatorships Established in California?

A California court establishes a conservatorship by naming a trustworthy adult (a conservator) to care for another adult (a conservatee). Families may need a conservatorship when a loved one has a condition that impairs that person’s physical and/or mental capacity.

A conservatorship may be appropriate when an advance healthcare directive or a power of attorney fails to meet your family’s needs. Several conservatorships are available in California:

1. General conservatorships are available for adults who have been seriously impaired due to a severe illness, injury, or certain conditions of advanced age.

2. Limited conservatorships are available for adults with disabilities that developed before their 18th birthday and are clients of a Regional Center agency providing services and support. To foster a conservatee’s self-reliance in these cases, the court limits a conservator’s powers.
3. California Lanterman-Petris-Short (“LPS”) conservatorships are available for adults with mental illnesses listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM), commonly including biological brain disorders, like Schizophrenia, Bi-Polar Disorder (Manic Depression), Schizo-affective Disorder, Clinical Depression, and Obsessive Compulsive Disorder. An LPS Conservatorship can only be brought by the Public Guardian after a psychiatrist makes a finding the proposed conservatee is gravely disabled – is a threat to himself / herself or to third parties.  You cannot directly seek an LPS conservatorship for your loved one.  Only the Public Guardian may do so – generally after someone calls 911 emergency call concerning the proposed conservatee.

With the assistance of an Orange County conservatorship attorney, any interested adult, including relatives, friends, or a public guardian, may file a petition with the court to begin the conservatorship process for either a General or a Limited Conservatorship.

When Are Conservatorships Contested?

A California conservatorship proceeding may be contested or uncontested. It may be contested if the family members or other interested parties disagree on the need for the conservatorship, who should be named the conservator, and/or what powers the conservator should have.

Generally the court will appoint an attorney to serve as counsel for the proposed conservatee.

When a conservatorship is uncontested, the prospective conservatee, family members, and other interested parties agree that one is needed and agree on the conservator and the conservator’s powers.

An uncontested conservatorship almost always costs less and takes less time than a contested conservatorship. Still, every petition for conservatorship should be prepared by a conservatorship attorney who will guide your family through the legal process and protect their rights.

Which Conservatorships Are Permanent?

General and limited conservatorships in California may be short-term, temporary, or permanent:

1. Short-term conservatorships usually stay in effect for ninety days or less to address a specific, urgent need. For example, if a loved one is suddenly incapacitated, an Orange County conservatorship lawyer can help you establish a short-term conservatorship.

2. A temporary conservatorship remains in effect for a limited time or under precisely circumscribed conditions, such as when a conservatee becomes medically comatose.

3. A permanent conservatorship in California remains in effect for the rest of the conservatee’s life unless conditions change. If that happens, the conservatee may seek a court order terminating the conservatorship.

4. Generally, the court will not entertain a temporary conservatorship petition without the filing of a companion permanent petition.

Who May Act as a Conservator in California?

In conservatorship cases, California courts make a prospective conservatee’s best interests their highest priority. The law requires a conservatorship to provide the least restrictive assistance needed for a conservatee’s well-being. The courts supervise conservatorships and require periodic reviews and comprehensive financial accountings.

Conservators must prove to the court that they are suitable and qualified to manage the financial and/or personal affairs of an incapacitated adult. If no relative or close friend is available, the court may appoint a non-profit organization, a government agency, or a professional conservator.

With only the narrowest exceptions, the courts in this state do not allow anyone with a criminal record to act as a conservator. If a conservator manages a conservatee’s finances, the conservator may have to obtain a bond, which acts to protect the conservatee’s assets.

How Does a California Family Begin the Conservatorship Process?

Establishing a conservatorship in California begins by filing a petition with the court. A court clerk then schedules a hearing date, after which the petitioner must notify the conservatee and family members. At a conservatorship hearing, a judge reviews the evidence and then grants or denies the petition.  If contested, the court will schedule a trial.

Courts typically approve uncontested conservatorships, which are usually quicker and less costly than contested conservatorships. But even when a conservatorship is uncontested, you’ll need a lawyer’s help to satisfy the court’s requirements, prepare the paperwork, meet the deadlines, and file required paperwork.

The court will require you and your lawyer to prove that a conservatorship is in the prospective conservatee’s best interests and that no viable alternatives exist. Even in an uncontested case,the petitioner must file a declaration from a doctor, psychologist, or psychiatrist provide the court with an assessment of the prospective conservatee.

What Rights Do Conservatees Have?

Under the law, conservatees have extensive rights, including the right to:

1. Be informed about a conservator’s actions
2. Challenge a conservatorship in court
3. legal counsel
4. Participate actively in decisions about their care
5. Privacy, personal dignity, and independence to the extent reasonable under the circumstances

If you are seeking to establish an uncontested general conservatorship for a loved one, choose an attorney who has extensive experience working with California families to establish conservatorships.

The Kiken Group has worked for families throughout Southern California for more than twenty-five years, and we are ready to work on your behalf.

Let The Kiken Group Work For You

The Kiken Group handles uncontested general conservatorships with care and efficiency in Los Angeles County, Orange County, and Riverside County. We answer your questions, address your concerns, and explain how the conservatorship laws impact your family’s situation.

The Kiken Group has more than a quarter-century of conservatorship experience in Southern California. We can help your family establish an uncontested general conservatorship. We also prepare wills and trusts, and we offer probate and estate planning advice and services.

The Kiken Group is dedicated to providing our clients with security and peace of mind, today and in the years to come. Contact our Irvine law offices by calling 657-286-4782 to schedule your free first legal consultation with The Kiken Group’s conservatorship professionals.