Duties of the Conservator

1
Duties of the Conservator

• Conservator of the Person
• Conservator of the Estate

2
General information

• Conservator person(s) appointed by the court
  to be responsible for the personal care and/or
  finances of the
• Conservatee person the court has found to be
  unable to manage their personal care and/or
  finances
• Probate court the department of the countys
  superior court overseeing the conservatorship

3
General information (cont.)

• Conservatorship takes away fundamental rights of
  an individual
• Conservatorships apply to people over 18
• Conservatorships last until terminated by the
  court or statutory occurrence

4
Is Conservatorship Appropriate?

• Rebuttable presumption of capacity (California
  Probate Code 810)
• Is the person able to provide for his/her own
  needs?
• Is the person able to consent to medical
  procedures?
• Is the person able to make decisions?

5
Who can be a conservator?

• Must be an adult
• May have joint conservators
• Private professional conservators must file
  background statement annually
• Order of preference
• Nominee of conservatee
• Spouse of conservatee
• Adult child of conservatee
• Parents of conservatee
• Sibling of conservatee

6
Basic Process

• A petition is filed with the court
• Copies of the petition are sent to certain
  relatives and agencies
• Court investigator interviews the proposed
  conservatee
• Hearing takes place
• Judge may appoint you conservator of the person
  and/or estate

7
Qualifying To Serve

• a.GC-348 form acknowledgement of receipt of
  statement describing duties liabilities,
  received cship handbook (a must)
• b.Bond (required in most cases as ctor of
  estate)
• c.Oath (that you will perform duties, per law)
• d.Filing a.,b., c. with clerk of superior
  court

8
Rights of the Conservatee

• To control his/her own salary
• To make or change a will
• To marry, unless revoked by court
• To receive personal mail
• To vote, unless revoked by court
• To be represented by an attorney
• To ask for a new conservator
• To ask for the conservatorship to end

9
Powers Not Available to Conservator

• Sterilization
• Involuntary commitment
• Electro-convulsive shock therapy
• Psychotherapy

10
Duties Conservator of the Person

• Assess the needs and how to meet them.
• Arrange for care protection (keep them safe)
  food, shelter, meds, care
• Choose where they will live (least restrictive)
  whats available?
• Ensure appropriate level of health care is
  provided
• Respond to crises as they arise

11
Duties of Conservator of the Person (cont.)

• Health care
• Meals
• Clothing
• Personal care
• Housekeeping
• Transportation
• Recreation
• Expect to report to the Court on current status

12
Duties of Conservator of the Estate

• Overall manage the finances in the best
  interests of the ctee
• Locate take control of assets (detective work)
  protect the assets
• Collect income (rep payee?)
• Budget what can be afforded?
• Pay bills
• Invest
• Account to the Court and to the ctee

13
Terminating a Conservatorship

• Death of the conservatee
• Order of the court
• Removal from office by the court for failing to
  perform duties of conservator

14
Alternatives to Conservatorship

• Social services agencies
• Joint bank accounts
• General or Limited Power of Attorney
• Durable Power of Attorney
• Representative Payeeship
• Advance Health Care Directive
• Guardian ad litem
• Living Trust

15
Misc.

• Get legal counsel involved, especially when
  considering
• moving ctee (to new/different home, care
  facility)
• selling ctees home/other real estate
• a major medical decision for ctee
• Making gifts of property, changing will or estate
  plan
• Investing property/change investments before
  being appointed
• Borrow money on behalf of ctee
• Becoming involved in a lawsuit on behalf of ctee
• Many actions require Court approval