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What Is a Conservatorship and Who Is It For?
A conservatorship is a protective court proceeding. In a conservatorship of the person, a court-appointed fiduciary, the conservator, manages the personal care of a person who cannot properly provide for his or her personal needs for physical health, medical care, food, clothing, or shelter. See Probate Code §1801(a). The conservator decides where the conservatee lives and may be required to decide whether the conservatee should live at home or in an institution. The conservator must make sure that the place selected is the "least restrictive" appropriate alternative that is available and necessary to meet the individual's needs. Prob C §2352.
In a conservatorship of the estate, a court-appointed conservator manages the financial affairs of a person who is substantially unable to manage his or her own financial resources or to resist fraud or undue influence. See Prob C §1801(b). The conservator's primary responsibility is to conserve, manage, and use the conservatee's property in California for the benefit of both the conservatee and those whom he or she is obligated to support. The conservator must use ordinary care and diligence. Prob C §2401. The conservator's powers and duties are discussed in chaps 12-17.
The court may appoint a conservator of the person or the estate, or both, for an adult. Prob C §1800.3(a)(1). The court may appoint a conservator of the person for a minor who is married or whose marriage has been dissolved, but the financial affairs of such a person are subject to a guardianship, not a conservatorship. Prob C §§1800.3(a)(2), 1514(a), 1515. For discussion of the limitations on conservatorships of nonresidents of California, see §2.41. A conservator of the person or estate may also be appointed for a person who voluntarily requests the appointment and who satisfies the court that there is good cause for the appointment. Prob C §1802.
A conservatorship of the estate may also be established for a person who is an "absentee" (Prob C §1803), defined as a member of the uniformed armed forces or an employee of the United States government or its agencies who is determined by the appropriate secretary or head of department to be "in missing status." Prob C §§1403, 1440. See §§5.107-5.113. An alternative to a conservatorship for an absentee is a set-aside procedure under Prob C §§3700-3708, which may be used by the family for personal property of the absentee up to a value of $20,000. See §§2.44-2.50. See also Prob C §§3710-3712 (set-aside procedure when value of property is less than $5000).
Probate Code §1804 authorizes appointment of a conservator of the estate of a person who is missing and whose whereabouts are unknown. See §5.107. An absentee, as defined in Prob C §1403 (military or governmental personnel "in missing status;" see §2.44), is not a "missing person" for purposes of Prob C §1804.
A limited conservator of the person or estate, or both, may be appointed for an adult with a developmental disability. Prob C §1801(d). See chap 22.
