What is a Probate Conservatorship?
Probate conservatorship of the person is initiated for an individual who is unable to provide for his or her personal needs for physical health, food, clothing, or shelter. Probate conservatorship of the estate can be established for an individual who is unable to manage his or her own financial resources or resist fraud or undue influence. Conservatorship may be for the person, the estate, or both. This type of conservatorship is defined in the California Probate Code and, once established, is in effect until further Court proceedings are initiated to terminate the conservatorship. Probate conservatorship is used primarily for elderly individuals who can no longer function independently and it is frequently utilized by private attorneys to appoint family members as conservators. When there are no family members willing and qualified to serve, the Public Guardian may do so.
A probate Conservatorship may be needed in cases where individuals lack the “capacity” to make decisions for food, clothing, shelter or healthcare. The discovery of need is typically made by someone close to the person, such as a family member, physician, neighbor, friend, or a hospital or other institutional staff member. The possible need for conservatorship is usually determined from observed behavioral changes, such as decline in mental and/or physical condition affecting the ability to accomplish normal day-to-day tasks. Any interested party can submit a referral to the Public Guardian for investigation of possible Probate conservatorship.
