Conservatorship

What is a conservatorship?

According to Nolo Publishing, conservatorship is a “legal arrangement that gives an adult the court-ordered authority and responsibility to manage another adult’s financial affairs.”  The Riverside Superior Courts add that the “conservator is responsible for the conservatee’s daily needs.”

There are three types of conservatorship:

  1. General Probate Conservatorship: For adults who are incapable of providing for their personal needs due to physical injury, mental illnesses or other reasons
  2. Limited Conservatorship: Only for those who are developmentally disabled; Powers for the conservator are limited enabling the conservatee to live as independently as possible
  3. Lanterman-Petris-Short (LPS) Conservatorship: For gravely disabled persons who may be a danger to themselves or others; Might require hospitalization in a facility; Conservator must be reappointed annually; extra protective measures are utilized to ensure the conservatee’s civil rights are not being violated.

 References: Nolo (2013). Nolo’s Plain-English Law Dictionary. Retrieved from

http://www.nolo.com/dictionary/conservatorship-term.html ;Conservatorship. (n.d.). Retrieved from https://www.riverside.courts.ca.gov/SelfHelp/Conservatorship/conservatorship.php

Online Resources:

The Superior Court of California Self- Help Website provides general information about conservatorship and forms.

The Superior Court of California, County of Riverside Self-Help Website contains information about types of conservatorships and the court process.

https://www.riverside.courts.ca.gov/SelfHelp/Conservatorship/conservatorship_brochure.pdf

Riverside Court Pamphlet with information for self-represented litigants in a conservatorship.

Print Resources:

Title: California Conservatorship Practice (R) (I)

Publisher: Continuing Education of the Bar (CEB)

CallNo: KFC 112 .C355

ISBN: 9780762609895

Description: Two-volume set describes the conservatorship process and in detail. Subjects covered include: beginning and termination conservatorship, temporary, and LPS conservatorships and respective legal substitutes. Volume 2 includes information on finances, real estate transactions, and insurance.

Title: Handling a Fiduciary Accounting (R) (I)

Publisher: Continuing Education of the Bar (CEB)

CallNo: KFC 995 .A1 H3133 2012

ISBN: 9780762619269

Description: Book includes an indexed list of pertinent judicial forms.

Title: Handbook for Conservators (R) (I)

Publisher: Judicial Council of California

CallNo: KFC 112 .H36 2002

ISBN: N/A

Title: California Jurisprudence 3d (v.24) (R) (I) (T)

Publisher: Thomson West

CallNo: KFC 65

ISBN: N/A

Description: This multi-volume encyclopedic set covers many legal concepts with references to cases and codes. Conservatorship is in volume 24 alongside guardianship.

Call numbers are for use in RCLL. Initials specify which library the item can be located (R) Riverside (I) Indio/Desert Branch, (T) Temecula. ISBN numbers are for use outside of the library, such as for personal purchase.

Pertinent California Code:

Probate § 1400 et. seq., §1800 et. seq., § 2100 et. seq.

This guide is also available on our website

https://www.rclawlibrary.org/research/research-guides/conservatorship/

Please Note: The information presented in this research guide is intended to provide a foundation for legal research. For information pertaining to your case please consult with an attorney, court facilitator or specialist.

Rev. 11/20/2020