The establishment of a conservatorship has three basic effects:
► It shifts the responsibility of making financial and personal care decisions from the disabled individual (the conservatee) to the Court appointed conservator.
► It imposes significant limitations on the ability of the conservatee to take actions affecting finances or personal care.
► It provides a certain degree of protection for the conservatee's interests from fraud, misappropriation of funds or neglect.
The selection of a conservator is solely in the hands of the Court, which is guided in its selection process by what appears to be in the best interest of the proposed conservatee. This may be a relative, friend, interested third party, organization, or the Public Guardian. In cases where a relative, friend, third party, or organization is willing and qualified to act as a conservator, that person or representative of the organization is advised to contact an attorney for information and assistance in petitioning the Court for appointment as the conservator. At the time a petition is filed, the Superior Court Investigator (for Probate) or the Conservatorship Investigator (for LPS) advises the proposed conservatee of his/her rights, reviews the need for conservatorship, and makes a recommendation to the Court. If a relative, friend, or interested third party is willing to act as the conservator, the following steps are advised:
► Contact an attorney. (The Public Guardian cannot give legal advice or bring a petition for a conservatorship on behalf of a family member or friend.) The Santa Cruz County Bar Association provides a lawyer referral service that can assist in locating an attorney.
► Formulate a care plan that addresses the personal care needs of food, clothing, and shelter for the conservatee.
► Formulate a care plan for handling the conservatee's finances and protecting the assets.
If a conservatee is placed in a licensed facility and has concerns that they are not being cared for properly, they have the following options:
► Contact the Office of the Public Guardian.
► Contact their Court appointed attorney.
► Contact Ombudsman Advocate.
The Court is guided in the order of preference by the California Probate Code. Of those the Court finds equally capable, the order of preference is:
► The person chosen by the proposed conservatee, providing the proposed conservatee has the ability at the time that they choose a conservator to form an intelligent preference, unless the Court finds that the appointment of the person chosen is not in the best interest of the proposed conservatee.
► The spouse or person chosen by the spouse.
► An adult child or person chosen by the adult child.
► A parent or person chosen by the parent.
► A brother or sister or person chosen by the brother or sister.
► Any other eligible and appropriate person or entity.
► The Public Guardian. (The Public Guardian is considered the last resort.)
The Court provides for the appointment of the Public Guardian when no other qualified individual or entity is willing and able to act. The Public Guardian will act when he/she is assured through the conservatorship investigation process that:
► A need for a conservatorship does in fact exist and,
► All other resources including financial, in-home support services, private case management and family support have been exhausted.