Sacramento Association for the Retarded 916.454.0900  
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SACRAMENTO ASSOCIATION
FOR THE RETARDED

Advocacy, Family Support Services, Information and Referral Services.
 
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Conservatorship Frequently Asked Questions (FAQ)
*

PointerClick here for a printable copy of these FAQ **

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:

  1. You must file a petition with the court.
  2. Your fingerprints will be required for a background check.
  3. Your child will be interviewed by a court investigator who will ask  him/her  if they want to be conserved.
  4. 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.

*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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Sacramento Association for the Retarded - Advocacy, Family Support Services, Information and Referral Services since 1950
1791 Tribute Road (Suite A)
Sacramento, CA 95816
Ph: 916.454.0900
Fax: 916.379.5293
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