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Conservatorships & Conservatorship Investigations
What is a Conservatorship?
A conservatorship is a legal determination by the court placing the interest of a vulnerable adult in the care and protection of another.
Who may need a Conservatorship?
Any adult who lacks the capacity or is unable to take care of his or her own needs for food, shelter, or medical care or is unable to substantially manage their personal finances and is subject to undue influence may be in need of the protection of a conservatorship.
Who may be a Conservator?
Conservators are usually family members or close friends. If there is no one close to the conservatee who is able to act on his or her behalf, the Public Guardian may be appointed.
How to begin a conservatorship?
Forms are state forms, they can be found at www.courts.ca.gov/forms.htm under Probate – Guardianships and Conservatorships. When you have completed the forms, they must be filed with the Civil Clerk's office. How much does it cost for a conservatorship?
See the fee schedule for fees to file the petition. There are additional fees for investigation services. If fees present a hardship, you may be eligible for a fee waiver. The Request to Waive Court Fees (FW-001) is the basic fee waiver form. For additional fees a (FW-002) is required. To learn more about this form and applying for a fee waiver, read the Information Sheet on Waiver of Superior Court Fees and Costs (FW-001-INFO).
What happens after the petition is filed?
The filing of a conservatorship petition triggers an investigation by Family Court Services. An investigator will interview the proposed conservatee and conservator(s) and any other agencies or individuals who may be able to provide information to the court. The investigator will prepare a report for the courts consideration.
How long does the investigation take?
The investigation process will begin after you file your petition and will be completed before you hearing date, usually within two to four weeks.
How does the court monitor a conservatorship?
Probate code 1850 states that every conservatorship shall be reviewed by the court six months after the appointment, one year after the appointment and annually after that. The court investigator will visit the conservatee and speak with the conservator and any other persons or agencies providing services to the conservatee. The investigator will prepare a report for the court so the court may determine if the conservatorship continues to be appropriate and in the best interest of the conservatee.
What happens if it appears the conservatee is being abused, neglected or financially exploited?
Adult Protective Services is the agency charged with investigating allegations of abuse and neglect of adults. If the alleged victim is conserved, Adult Protective Services and Family Court Services work together to resolve problems and provide for the well being of the victim. Calaveras County Adult Protective Services telephone number is 209-754-6448.