California Probate Code 1801 sets the standard for whom a conservator may be appointed.
“(a) A conservator of the person may be appointed for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter, except as provided for the person as described in subdivision (b) or (c) of Section 1828.5.”
There may be situations where the proposed conservatee has delegated things to someone, such as medical appointment setting, or medication management that at a first glance may make it seem like she or she is unable to act for himself/herself, but that the lack of knowledge is not the same as inability. For example, a competent person, may be able to learn her medication names and write them down to be able to order them, or to organize and manage them.
(b) A conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence, except as provided for that person as described in subdivision (b) or (c) of Section 1828.5. Substantial inability may not be proved solely by isolated incidents of negligence or improvidence.
Substantial inability can be proven in many ways. Occasional late bills for example would not suffice in showing the inability to manage financial resources. Inability to resist fraud to undue influence is fact based, so witnesses must testify to that.
(c) A conservator of the person and a conservator of the estate may be appointed for a person described in subdivisions (a) and (b).
Our San Fernando Valley Conservatorship lawyer and attorney can assist you in conservatorship in our Woodland Hills Office.
(d) A limited conservator of the person or of the estate, or both, may be appointed for a developmentally disabled adult. This is for a person whose disability began before the age of 18. A limited conservatorship may be utilized only as necessary to promote and protect the well-being of the individual, shall be designed to encourage the development of maximum self-reliance and independence of the individual, and shall be ordered only to the extent necessitated by the individual’s proven mental and adaptive limitations. The conservatee of the limited conservator shall not be presumed to be incompetent and shall retain all legal and civil rights except those which by court order have been designated as legal disabilities and have been specifically granted to the limited conservator. The intent of the Legislature, as expressed in Section 4501 of the Welfare and Institutions Code, that developmentally disabled citizens of this state receive services resulting in more independent, productive, and normal lives is the underlying mandate of this division in its application to adults alleged to be developmentally disabled.
(e) The standard of proof for the appointment of a conservator pursuant to this section shall be clear and convincing evidence
It is important to investigate when selecting the right conservatorship lawyer. Call Mina Sirkin, Conservatorship Lawyer for unusual situations involving the appointment of a conservator in conservatorship court in Los Angeles. Call for a free conservatorship consultation in Los Angeles and San Fernando Valley 818.340.4479.