Updated: Dec 26, 2022
How Conservatorships Are Filed In California
When someone cannot handle their assets due to age or mental incapacities, a family member can become a conservator to manage their assets. That said, becoming a conservator for your loved ones is a long process, so you need to know the essential steps to take before going forward with it.
1. Fill Out A Conservatorship Petition and Send It In
One of the first steps in obtaining a conservatorship in Santa Ana, California, is to complete and file a conservatorship petition. Unfortunately, these petition papers are extensive and challenging to comprehend without the help of an expert.
The papers include information on the following:
The conservatee's immediate family
The reasons for conservatorship.
In addition, the petition must specify that a conservatorship is the only choice. In the end, the petition must be filed in the municipal court where the putative conservatee resides.
For help with all stages of the petition process, from completing papers to filing them, contact a Santa Ana Estate Lawyer.
2. Send The Court A Notice of Petition
After the petition is submitted, the court clerk will set a court date. At this point, the potential conservatee must be notified of the conservatorship petition by a neutral adult.
They must also serve the family of the intended conservatee. During this phase, a court-appointed investigator would meet with the prospective conservatee and others to learn more about the conservatee's condition.
3. Attend a Hearing in Court
The prospective conservatee must then attend the court hearing if they are unable to do so. During the trial, the judge would decide if all family members were adequately informed.
The judge might also appoint a lawyer to represent the potential conservatee. Finally, the judge will decide whether the conservatorship should be granted or denied.
Contact a Santa Ana Estate Attorney to help guide you through the process for any confusion on filing a conservatorship.
Conservatorships and the Court Process
Creating a conservatorship is a time-consuming and challenging process. Therefore, before asking the court to appoint a conservator, the petitioner should make sure that the conservatorship is the best route for the proposed conservatee. Otherwise, you might be better off with other solutions.
Here's a quick rundown of what might happen in the process:
The process may be started by the potential conservator, the potential conservatee, the potential conservatee's spouse, domestic partner, relative, or another interested person or a state or local agency, an employee of the agency, or a public officer. The procedure will commence once all of the necessary paperwork has been filed with the court.
The petition must include:
Information on the proposed conservator and conservatee.
Information about the petitioner (the person who brings the case to court).
The reasons for the conservatorship.
It must also explain why conservatorship is the only option in this instance.
The petitioner files the petition with the court clerk. They must pay both the filing fee and the court investigator's fee. The clerk will give you a court date. The court may allow the applicant to obtain a fee waiver if the applicant has a modest income.
Providing information to the conservatee. The petitioner must physically deliver a citation and a copy of the petition to the intended conservatee.
Notifying the planned conservatee's relatives. The applicant must have someone else mail a written notice regarding the conservatorship petition's court hearing and a copy of the petition to the conservatee's spouse, domestic partner, and immediate relatives.
An investigation is being carried out by a court prosecutor. A court investigator will interview the potential conservatee and anyone familiar with the conservatee's condition.
Being able to show up for a hearing. The potential conservatee must attend the hearing unless they are excused owing to illness.
A court will assess whether everyone has been appropriately informed and whether the potential conservatee should be represented at an estate lawyer's trial.
The judge might grant or deny the conservatorship.
The conservator will be appointed if it gets through, and Letters of Conservatorship will be issued if the judge favors the petition.
If there is an estate, a surety bond must be submitted unless the court orders the conservatee's bank accounts to be frozen.
That said, if you have any concerns about filing a conservatorship, consult with a prescreened Santa Ana Estate Attorney to help you.
Find An California Estate Lawyer in Santa Ana
1000Attorneys.com is Certified by the California Bar Association to provide you with a Free Attorney Referral Service. We can refer you to an experienced prescreened Estate Lawyer in California best fit to handle your case.
Contact us through our 24/7 live chat (or complete our case submission form) for a free initial consultation.