Does a conservator have power to decide the residence of incapcitated son?
Full Question:
Answer:
The laws governing the appointment of a conservator are found primarily in the California probate code. We have provided a link to the code below. The specific sections regarding conservatorships begin in Part 3, paying particular attention to the following section 1821(a).
PROBATE CODE
SECTION 1820-1835
1820. (a) A petition for the appointment of a conservator may be
filed by any of the following:
(1) The proposed conservatee.
(2) The spouse or domestic partner of the proposed conservatee.
(3) A relative of the proposed conservatee.
(4) Any interested state or local entity or agency of this state
or any interested public officer or employee of this state or of a
local public entity of this state.
(5) Any other interested person or friend of the proposed
conservatee.
(b) If the proposed conservatee is a minor, the petition may be
filed during his or her minority so that the appointment of a
conservator may be made effective immediately upon the minor's
attaining the age of majority. An existing guardian of the minor may
be appointed as conservator under this part upon the minor's
attaining the age of majority, whether or not the guardian's accounts
have been settled.
(c) A creditor of the proposed conservatee may not file a petition
for appointment of a conservator unless the creditor is a person
described in paragraph (2), (3), or (4) of subdivision (a).
1821. (a) The petition shall request that a conservator be
appointed for the person or estate, or both, shall specify the name,
address, and telephone number of the proposed conservator and the
name, address, and telephone number of the proposed conservatee, and
state the reasons why a conservatorship is necessary. Unless the
petitioner is a bank or other entity authorized to conduct the
business of a trust company, the petitioner shall also file
supplemental information as to why the appointment of a conservator
is required. The supplemental information to be submitted shall
include a brief statement of facts addressed to each of the following
categories:
(1) The inability of the proposed conservatee to properly provide
for his or her needs for physical health, food, clothing, and
shelter.
(2) The location of the proposed conservatee's residence and the
ability of the proposed conservatee to live in the residence while
under conservatorship.
The court appointed conservatorship restricts the conservatee’s powers over his or her own personal care and/or financial decisions. It is particularly useful when the protected person is mentally or physically unable to understand and accept help, or is vulnerable to persons who might take financial advantage of them. In that situation, with the appropriate court order, a conservatorship can prevent a vulnerable person from marrying, contracting with, or conveying property to someone else without the approval of the conservator and in some situations, the court.
In California, a court will order a conservatorship of the person for someone whose health is at risk because they can't provide for their own food, shelter, and other basic needs. The benefits of this conservatorship are:
1. It provides a way for you to assist a loved one whose health is at risk but who refuses help. And,
2. The conservator can obtain medical information and communicate with health care providers to make sure your loved one receives the best medical care. This is particularly helpful if your loved one is in a nursing home or assisted living home, or needs continuous monitoring of a serious health condition.
The conservator has the legal authority to make basic personal and health-care decisions for the protected person. The conservator must act responsibly and file regular reports with the court.
A conservatorship of the estate is ordered to protect the finances of someone who can't competently handle their own debts and income, or who can't resist unfair financial pressure from others. It is also used to permit Medi-Cal eligibility planning to help preserve the assets of a person who has entered a nursing home and is too ill to understand and consent to a MediCal planning power of attorney.
A conservatorship of the person and estate may be ordered by a court to protect both the health and finances of an adult who cannot care for himself or herself. There can be a separate conservator of the person and a financial conservator, or a single responsible person can be the conservator of both.
