Conservatorship for Adults in California

If you’re considering a legal conservatorship for an adult in California, it’s important to understand the process and responsibilities involved. In California, conservatorship refers to an individual appointed by the court to care for and make decisions on behalf of another adult who is incapacitated or incompetent. This article will provide information on the process and duties involved in obtaining conservatorship in California, as well as the costs involved.

What is conservatorship in California?

In California, conservatorship refers to an individual appointed by the court to care for and make decisions on behalf of another adult who is incapacitated or incompetent. The individual appointed by the court is known as the “conservator,” while the person for whom the conservatorship is sought is known as the “conservatee.”

There are two types of conservatorships in California: limited conservatorship and general conservatorship. A limited conservatorship is typically used when the conservatee is developmentally disabled. The conservatorship is limited in order to allow the disabled person to live as independent a life as possible. General conservatorship is typically used for any other adult who is suffering from a physical injury, advanced age, dementia, or any other condition preventing them from being able to care for themselves.

What are the duties involved in conservatorship in California?

As a conservator, you are required to assume many important duties and obligations. You are responsible for the care and well-being of the conservatee and must act in their best interests at all times. This includes providing for their healthcare, education, and general welfare. You are also liable for the actions of the conservatee, just as a parent would be for a minor child.

What is the process for obtaining a conservatorship in California?

The process for obtaining conservatorship in California begins with filing a petition with the court. The initial filing fee in San Diego county is $435. In some cases, the court may require an investigation to be conducted in order to provide a report on the circumstances of the guardianship. This investigation may cost between $800-$1500. A physician may also be required to provide a report, which may cost between $200-$500.

Once the petition has been filed, a hearing will be held to determine whether a conservatorship is necessary and appropriate. If the court grants the petition, you will be appointed as the conservator of the conservatee.

What are the costs involved in obtaining conservatorship in California?

The costs involved in obtaining conservatorship in California can vary widely depending on the specific circumstances of your case. Attorney fees for an uncontested conservatorship may range from $2,000 and up, while fees for a contested conservatorship may be much higher. In addition to attorney fees, you may also incur costs for the initial filing fee, investigation, and physician’s report. In total, the cost of obtaining a conservatorship in California may be anywhere from $5,000 and up.

What are the ongoing costs of conservatorship in California?

Once you have obtained conservatorship, there will be ongoing costs and responsibilities associated with the conservatorship. If you are also appointed as the conservator of the conservatee’s estate, you may be required to provide annual accountings. This may require the assistance of an accountant or attorney, which will incur additional fees. You may also be responsible for paying for the conservatee’s living expenses and healthcare costs.

What are some alternatives to conservatorship in California?

There are several alternatives to conservatorship in California that may be appropriate depending on the specific circumstances of your situation. These alternatives include:

• Durable Power of Attorney: This allows you to appoint someone to make decisions on your behalf in the event that you become incapacitated. You retain control over your own affairs as long as you are capable of doing so.
• Health Care Directive: This allows you to appoint someone to make medical decisions on your behalf in the event that you are unable to do so.
• Trust: You can create a trust and appoint a trustee to manage your assets and make decisions on your behalf.
• Joint Bank Accounts: Something as simple as maintaining joint bank accounts will allow someone to assist you with your financial affairs.

It’s important to carefully consider all of your options and choose the one that is best suited to your needs and circumstances. An attorney or financial planner can help you explore your options and make an informed decision. Our attorneys offer exceptional service when it comes to all areas of Family Law. You may be in need of a bit of advice right now. We’d like to meet you. If you are struggling with a serious family law issue or you’re planning for the future, Naimish & Lewis can help. Connect with us now for guidance from one of our experienced attorneys.