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What is a conservatorship of the person? +
A conservatorship is a legal determination by the court placing the interest of a vulnerable adult in the care and protection of another.
Who may need a conservatorship of the person? +
Any adult who lacks the capacity or is unable to take care of his or her own needs for food, shelter, or medical care, or is unable to substantially manage their personal finances and is subject to undue influence, may need a conservatorship.
How do I request a conservatorship? +
You may obtain the necessary forms online (link to forms) or you can purchase a packet of forms from the Civil Division Clerk’s office. When the forms are completed, submit them to the office of the Civil/Probate Clerk (Sutter County Superior Court, 463 2nd Street, Room 110, Yuba City).
Who may be a conservator? +
Conservators are often family members or close friends. If there is no one close to the conservatee who is able to act on his or her behalf, a professional private conservator or the Public Guardian may be appointed.
What is the purpose of a conservatorship proceeding? +
Conservatorship proceedings are initiated in order to have a family member, friend, or private professional appointed to handle the personal care and/or financial affairs of the conservatee.
What if this is an emergency situation? +
A petition for Temporary Conservatorship can be filed along with the Petition for Conservatorship to cover the period of time between the filing and the hearing date.
What happens after the petition is filed? +
The filing of a conservatorship petition triggers an investigation by Family Court Services. An investigator will interview the proposed conservatee and conservator(s) and any other agencies or individuals able to provide information to the court. The investigator will conduct background checks of the proposed conservator, proposed conservatee and all adults in the proposed conservatee’s home. An inspection of the proposed conservatee’s home will also be conducted. The investigator will prepare a report for the court’s consideration.
How long does the investigation take? +
The investigation process will begin after you file your petition and will be completed before your hearing date. A conservatorship investigation typically takes four weeks to complete.
Is there a fee associated with the investigation? +
A fee of $50.00 per hour is charged for the investigation.
How does the court monitor a conservatorship? +
Probate Code §1850 states that every conservatorship shall be reviewed by the court six months after the appointment, one year after the appointment and annually after that. An investigation is conducted annually for general conservatorships and every two years for limited conservatorships. Approximately three months before the review hearing, an investigator will send the conservator a Conservatorship Information Sheet (click here for a copy), which is to be completed and returned by the date requested on the form. Prior to the review hearing, the court investigator will visit the conservatee and speak with the conservator and any other persons or agencies providing services to the conservatee. The investigator will prepare a report for the court to help determine if the conservatorship continues to be appropriate and in the best interest of the conservatee.
What happens if it appears the conservatee is being abused, neglected, or financially exploited? +
Adult Protective Services is the agency responsible for investigating allegations of abuse and neglect of adults. The Sutter County Adult Protective Services 24 hour hotline is (800) 451-5155. Click here for more information regarding elder abuse.