Conservatorships play an important role for families and individuals in California. These legal tools assign a conservator to manage the affairs of a minor or adult in need of such management.
These designations received some bad publicity in recent years in light of the Britney Spears conservatorship and the “Free Britney” movement. We’re here to tell you those scenarios are few and far between – in general, conservatorships serve a beneficial purpose for California families.
So, when are these designations able to be established and, in turn, when are they able to be terminated?
Establishing a California Conservatorship
Ultimately, there is no timing element to establishing a conservatorship. People of all ages are eligible to have a conservator established for them.
For adults, California courts require proof that the individual has particular needs and responsibilities they are unable to meet or fulfill themselves. This can stem from developmental disabilities that limit their capacity to manage their daily lives and/or their financial affairs.
For minor children, California requires that the conservatee prove that the parent(s) or guardian(s) of the child needs the assistance of a conservator. This may require testimony from the parent(s) or guardian(s) as well as a review of certain medical records and other relevant information before an appointment will be formalized.
Maintaining a California Conservatorship
There are numerous avenues to investigate and challenge a California conservatorship. California law allows the court to appoint an investigator to meet with the conservatee and conservator six months after the conservatorship is established. This ensures the appointment is working as expected.
Additionally, parties with a direct interest in the involved parties are able to contest a conservatorship to either terminate it or appoint a new conservator. This process protects the conservatee should the conservator fail to uphold their duties or abuse the power given to them by California courts.
Terminating a California Conservatorship
As noted above, there are a number of ways a conservatorship is able to be reviewed which also opens a number of doors to terminate the appointment. If, in the course of their investigation, a court investigator determines the conservatorship is unnecessary or not fulfilling its intended purpose then a conservator is able to be removed. The investigator may also determine whether or not the conservatee still meets the criteria for having a conservatorship overseeing their needs.
Interested parties (including the conservatee) are also able to contest the details of a conservatorship. This could be a minor child coming of age, or an individual of any age acquiring the education and skills necessary to take on the responsibilities in their own life. Other family members are also considered to be interested parties that can contest the validity or necessity of a California conservatorship.
To terminate, a hearing is held to review the details of the conservatorship. Whether it’s during this process or in the process of establishing a California conservatorship, it’s important to work with an experienced attorney before proceeding. The team at Solan, Park & Robello cares for your future and understands the need for conservatorships in certain circumstances. Contact our team if you have any questions or need help establishing a conservatorship in California.
Solan, Park & Robello
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