Handbook for Conservators - California

1 HANDBOOKforCONSERVATORSJu d i c i a l co u n c i l o f ca l i f o r n i a2 0 1 6 re v i s e d ed i t i o n JUDICIAL COUNCIL OF CALIFORNIAC hief Justice Tani G. Cantil-Sakauye, ChairMartin Hoshino, Administrative DirectorHANDBOOKFORCONSERVATORS2016 Revised EditionJudicial Council of California455 Golden Gate Avenue San Francisco, California 1992, 2002, 2016 by Judicial Council of CaliforniaAll rights reserved. Published edition published 1992. Second edition in the United States of AmericaHeather Anderson, Supervising AttorneyDouglas C. Miller, AttorneyKaren Gernand, Copy EditorSheila Ng, Graphic DesignerPatricia Valentine, ProofreaderThe Handbook for Conservators : 2016 Revised Edition, is published by the Judicial Council of California and con-tains information required to be provided to private Conservators under Probate Code sections 1834 1835.

2 The superior courts of California may freely download, print, and distribute this Handbook . The Judicial Council also recommends and welcomes use of the Handbook for Conservators by public Conservators and trust compa-nies for educational Handbook is available on the California Courts website at To order print copies, see page xii. CONTENTSHow to Use This Handbook ..xiHow to Order Print Copies of This Book ..xiiAcknowledgments ..xiii1 Overview Of COnservatOrship ..1-1 1 .1 Duties of Conservators of the Person and Conservators of the Estate ..1-2 1 .2 Types of Conservatorships ..1-4 A . Probate Conservatorships ..1-4 B . Lanterman-Petris-Short (LPS) Conservatorships ..1-5 1 .3 Getting Started ..1-6 A . Qualifying to Serve as Conservator ..1-6 B . Letters of Conservatorship.

3 1-7 C . Working with Others Involved in the Conservatorship ..1-9 D . Working with Your Lawyer ..1-9 1 .4 Conservators Who Live Out of the Area ..1-10 1 .5 The Conservatee s Rights ..1-11 1 .6 Duty to Notify the Court of Possible Changes in the Conservatee s Marriage or Domestic Partnership ..1-12 A . When You Are Married to or the Domestic Partner of Your Conservatee ..1-12 B . When Your Conservatee Has a Spouse or Domestic Partner Who Is Not a Conservator ..1-13 1 .7 Changing Conservators or Ending the Conservatorship ..1-142 tempOrary COnservatOrship Taking Care of The ConservaTee s immediaTe needs ..2-1 2 .1 Specific Ending Date for Temporary Conservatorships ..2-2 2 .2 Mandatory Advance Notice and Hearing in Appointments of Temporary Conservators .

4 2-2 2 .3 Mandatory Attendance of Proposed Conservatee at Hearing ..2-2 2 .4 The Court Investigator s Role in Temporary Conservatorships ..2-3 2 .5 Restrictions on Moving the Conservatee from Home ..2-3 2 .6 Restrictions on Selling or Ending Tenancy in the Conservatee s Home ..2-5 Restrictions on Selling or Giving Away the Conservatee s Assets ..2-5 Inventorying the Estate and Accounting to the Court ..2-63 Limited Conservatorship Assisting A Person Who hAs A DeveloPmentAl DisAbility ..3-1 Limited Conservator s Authority ..3-2 Limited Conservator of the Person ..3-3 A. Authority to Control Contracts ..3-4 B. No Authority to Sterilize a Limited Conservatee ..3-4 Limited Conservator of the Estate ..3-4 Court Supervision of a Limited Conservatorship ..3-5 Ending a Limited Conservatorship.

5 3-5 Regional Center Resources ..3-54 Conservator of the person CAring for the ConservAtee s PersonAl neeDs ..4-1 Summary of Timeline and Responsibilities for a Conservator of the Person ..4-2 Getting Started ..4-3 A. Qualifying to Serve as Conservator of the Person ..4-3 B. Obtaining and Using Letters of Conservatorship ..4-4 C. Assessing the Conservatee s Needs ..4-4 D. Working with the Conservator of the Estate, a Trustee, or the Conservatee s Spouse or Domestic Partner ..4-4 E. Working with the Conservatee ..4-5 F. The Conservatee s Personal G. Determining the Conservatee s Appropriate Level of H. Developing Your Plan of Conservatorship ..4-8 Deciding Where the Conservatee Will Live ..4-8 A. Moving the Conservatee Outside the State ..4-9 B. Arranging for the Least-Restrictive Appropriate Home Setting.

6 4-10 C. Moving the Conservatee to a Care Facility ..4-13 Checklist for Selecting a Care Facility ..4-16 D. Caring for the Conservatee in a Care Facility ..4-24 E. Keeping the Court and Interested Persons Informed of Moves by the Conservatee ..4-25 Keeping the Conservatee Healthy ..4-28 A. Securing Health Insurance ..4-28 Health Information B. Consenting to Medical Treatment ..4-31 C. Working with Doctors and Pharmacists ..4-33 D. Improper Medicines and Dosages ..4-33 E. Arranging Dental Care ..4-35 F. Obtaining Hearing Aids, Eyeglasses, and Other Devices ..4-36 G. Caring for Feet ..4-37 H. Encouraging Personal Cleanliness and Grooming ..4-37 Maintaining a Good Diet ..4-38 A. Arranging Special Diets ..4-38 B. Watching for Problems That May Lead to Poor Nutrition.

7 4-39 Providing Clothing ..4-41 Arranging Recreation and Social Contact ..4-43 A. Providing Reading Material and Eyeglasses ..4-43 B. Helping the Conservatee Enjoy Music ..4-43 C. Encouraging Contact with Family and Friends ..4-43 D. Arranging Outings and Trips ..4-44 E. Finding Structured Activities Away from Home ..4-44 Tapping Helpful Resources ..4-44 A. Case Management Services ..4-45 B. Meal Services ..4-45 C. Homemaker, Home Health, and Personal-Care Services ..4-45 D. Senior Centers ..4-47 E. Adult Social Day Care Programs ..4-48 F. Adult Day Health Care Services ..4-48 G. Day Programs for People with Developmental Disabilities ..4-48 The Communications Notebook ..4-49 H. Transportation Services ..4-54 I. Personal Contact Programs.

8 4-54 J. Emergency Response Devices ..4-54 K. Counseling ..4-54 L. Respite Care: Giving the Caregiver a Break ..4-54 M. Work-Training Programs ..4-55 N. Schools and Colleges ..4-55 Protecting the Conservatee from Harm .. 4-56 Keeping the Conservatee from Causing Harm ..4-57 Conservators Who Live Out of the Area ..4-575 CONSERVATOR OF THE ESTATE managing The ConservaTee s finanCes ..5-1 Summary of Timeline and Responsibilities for a Conservator of the Estate ..5-2 Getting Started ..5-3 A. Qualifying to Serve as Conservator of the Estate ..5-3 B. Obtaining a Conservator s Bond ..5-4 C. Obtaining and Using Letters of Conservatorship ..5-5 Sample Letter to County Recorders ..5-7 D. Working with the Conservator of the Person ..5-8 E. Working with the Conservatee.

9 5-8 F. Developing Your Plan of Conservatorship ..5-8 G. Keeping the Court Informed of Address Changes ..5-8 Responsibilities of a Conservator of the Estate ..5-9 Giving Notice of Your Appointment ..5-11 Sample Letter of Notice of Appointment ..5-13 Contracting on Behalf of the Locating the Conservatee s Assets ..5-15 A. Assets That Aren t Part of the Conservatorship Estate ..5-17 B. How to Find the Conservatee s Assets ..5-19 C. Assets Owned by the Conservatee and Others ..5-19 Taking Control of the Conservatee s Assets ..5-20 A. Bank Accounts ..5-20 B. Safe Deposit Boxes ..5-24 C. Stocks and Bonds ..5-26 Sample Letter for Stocks and Bonds ..5-28 D. Real Estate ..5-29 E. Cars and Other Vehicles ..5-29 F. Debts Owed to the Conservatee and Missing Assets.

10 5-30 G. Charge Accounts ..5-30 Sample Letter for Credit Cards ..5-31 Inventorying and Appraising the Estate ..5-32 A. When to File ..5-32 B. Why the Inventory and Appraisal Is Required ..5-33 C. Establishing the Value of Personal Belongings ..5-33 D. Challenging the Probate Referee s Appraisal ..5-34 Managing and Protecting the Estate ..5-35 A. Storing and Protecting Assets ..5-35 B. Preparing a Budget ..5-35 C. Setting Up and Keeping Good Records ..5-37 Sample Checkbook D. Monitoring the Conservatee s Actions ..5-41 E. Monitoring the Conservatee s Assets That Are Controlled by Others ..5-42 F. Managing Investments and Retirement Plans ..5-42 G. Selling or Borrowing against Estate Assets ..5-43 H. Securing Adequate Health, Life, and Property Insurance.