Conservatorship Frequently Asked Questions (FAQ)
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Q1. When should I consider conservatorship?
At the age of 18, all persons are considered adults and have the
legal right to make their own decisions. If parents have
concerns about whether or not a child will make decisions in
his/her best interests due to a disability, they may want to
consider a conservatorship.
Q2. Who can become a conservator?
Anyone from parents, guardians or siblings to a trusted friend can become a
conservator.
Q3. What are the steps to becoming a conservator?
Before you can be appointed as conservator, the following things need to
occur:
- You must file a
petition with the court.
- Your
fingerprints will be required for a background check.
- Your child will
be interviewed by a court investigator who will ask him/her if they want
to be conserved.
- The investigator
will make a recommendation to the court.
Q4. Will my child need to appear in court?
The investigator will ask your child if he/she wishes to appear in court or
waive that right.
Q5. How long does it take to become a conservator?
Depending on each case and the court schedule, it can take from 45 to 90
days or more. Continuances are very common in the court system.
Q6. How much does it cost?
Costs vary
according to the circumstances of each case. A rough estimate for a simple
conservatorship through an attorney is $800-$2000. You can also represent
yourself, but you will pay the court filing fee of approximately $300.
Low-cost legal assistance is available for low income families.
Q7. Do I need a lawyer?
Being a conservator requires you to make various decisions for another
person that often impact that person and/or his or her surroundings. It is
highly recommended that you have a lawyer with whom to discuss plans,
options, and decisions.
Q8. When will my responsibilities as conservator end?
In order to be released from conservatorship you or your child must petition
the Court.
Q9. What is the
difference between a general and a limited conservatorship?
The general conservatorship is usually for adults who cannot
handle their own finances or care for themselves. These conservatees are
often older people with limitations caused by aging, but they also may be
individuals with developmental disabilities.
The limited
conservatorship may be set up for adults with developmental disabilities
who cannot fully care for themselves or their property. In a limited
conservatorship, the court grants only certain powers to the conservator,
depending upon the conservatee's abilities.
For more information
contact SAR office: Monday through Friday: 8am to
5pm. During these
hours you may contact the members of our staff by calling
916.454.0900,
or
click here to send us email at sacramentoar@sbcglobal.net.
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*The
information contained in this document should not be construed as
legal advice. Rather, it is a compilation of knowledge acquired by
experience. For legal advice, please consult an attorney. |
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