Conservatorship

General Conservatorship

If you are concerned about the immediate personal or financial safety and welfare of an adult who appears unable to protect themselves from harm, please contact Adult Protective Services at (559) 255-3383.

A General Probate Conservatorship (Probate Code § 1800, et seq.) is for adults who are unable to provide for their personal needs due to physical injury, advanced age, major neurocognitive disorder, or other conditions rendering them incapable of caring for themselves or making them subject to undue influence.

Since conservatorships are an infringement on one's control over his or her person and/or estate, compliance with all legal requirements is very important. The proposed Conservatee must be personally served with a citation issued by the court. A Court Investigator will be assigned to interview the proposed Conservatee and provide a recommendation to the court. If a Conservator is appointed, he or she must submit regular reports to the court. The Court Investigator will visit the Conservatee one year after the Conservator is appointed and every other year thereafter. It is also common for an attorney to be appointed to represent the interests of the Conservatee.

Once the Petition for Appointment of Conservator has been filed, the clerk will set the matter for hearing. The hearing will be set approximately 30 days from the date of filing.

Limited Conservatorship

A Limited Conservatorship (Probate Code § 1827.5, 1828.5, 2351.5) is for a person who is developmentally disabled. In this type of conservatorship, the powers of the Conservator are limited so that the disabled person may live as independently as possible.

Temporary Conservatorship

If the filing party feels there is an emergency regarding an adult's wellbeing, a petition to appoint a temporary Conservator can be filed. A petition to appoint a temporary Conservator can be filed at the same time or after the petition for the appointment of a general conservatorship. A Petition for Appointment of a Temporary Conservator is submitted to the judge on an ex parte basis. The petitioner will have no opportunity to speak directly with the judge. It is important that all information supporting the need for emergency orders be contained in the application for temporary conservatorship, including copies of all relevant medical, police, or Adult Protective Services reports.