In a conservatorship, a judge of the court appoints an organization or a person to act as the conservator for a vulnerable adult who cannot provide for his/her own finances or care for himself/herself. The vulnerable adult is known as the conservatee.
There are several types of conservatorships that exist in California under the California Probate Code. The first type is a probate conservatorship which can be of a general or limited variety. For example, a general conservatorship is usually established when the vulnerable adult is an elderly person and is unable to meet his/her personal or financial needs. In contrast, a limited conservatorship is usually established where a vulnerable adult suffers from a developmental disability, and as a result, is unable to care for himself or herself.
In most instances, conservatorships are permanent arrangements. However, under certain circumstances, the conservatorship might come to an end. At other times, the court might appoint a new conservator for various reasons.
If you are interested in setting up a conservatorship for an elderly adult or a disabled individual, it is essential that you have experienced California elder law lawyer by your side. A lawyer will be able to assist you with filing the necessary paperwork and attending court hearings so that the conservatorship can be set up correctly.
Ways of Ending a California Conservatorship
Although conservatorships that exist in California are typically permanent, there are several ways that a conservatorship could come to an end. Under the first circumstance, the conservatee (the vulnerable adult) may recover from his/her mental or physical condition and become able to care for themselves. For example, if a conservatorship was appointed after an individual was involved in a serious car accident and suffered a head injury, the accident victim might have recovered fully after the collision and become able to care for himself/herself again.
Another reason why a conservatorship might end is that the conservatee dies. Even though the conservatorship effectively ends at that time, the conservator will still need to take the necessary actions to formally close the conservatorship with the court.
A conservatorship may also come to an end if all the conservatee’s assets are used to provide for his/her long-term care. If there are no assets left, a conservatorship may not be necessary for the individual’s estate.
Finally, a conservatorship can end when a conservator does not follow through with his or her duties. At that point, the court may take it upon itself to remove the conservator from his or her position. A conservator may also die or resign from his or her position.
When it comes to setting up a conservatorship in California, it is important that you follow all the necessary guidelines and rules. An experienced California conservatorship lawyer can help you throughout the process. In addition, if the conservatorship needs to end, your lawyer can assist you with submitting the necessary paperwork to formally close out the conservatorship in the California court system.