Duties of the Conservator of the Person Conservator

Duties of the Conservator of the Person Conservator of the Estate

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 county’s superior court overseeing the conservatorship

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

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?

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

Basic Process 1. A petition is filed with the court 2. Copies of the petition are sent to certain relatives and agencies 3. Court investigator interviews the proposed conservatee 4. Hearing takes place 5. Judge may appoint you conservator of the person and/or estate

Qualifying To Serve a. GC-348 form: acknowledgement of receipt of statement describing duties & liabilities, received c’ship handbook (a “must”) b. Bond (required in most cases as c’tor of estate) c. Oath (that you will perform duties, per law) d. Filing a. , b. , & c. with clerk of superior court

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

Powers Not Available to Conservator • • Sterilization Involuntary commitment Electro-convulsive shock therapy Psychotherapy

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) – what’s available? • Ensure appropriate level of health care is provided • Respond to crises as they arise

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*

Duties of Conservator of the Estate • Overall: manage the finances in the best interests of the c’tee • 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 c’tee

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

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

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