Conservatorships
& Alternatives
29970 Technology Drive, Suite 203, Murrieta, CA 92563
951-200-4921 – Info@JeffNickLaw.com
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Jeffrey C. Nickerson, Esq.
Background
Legal Background
- J.D, M.B.A. & B.S. Finance
- Attorney over 20 years
- Special Needs Experienced
- Academy of Special Needs
Special Needs Background
- Children w/ ”Disabilities”
- Special Olympics
- Exceptional Sports - 501(c)(3)
- Community Involvement
Law Office of Jeffrey C. Nickerson
Disclaimer
The following presentation is
Legal Information
Not Legal Advice
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Law Office of Jeffrey C. Nickerson
What is a Conservatorship?
DEFINITION: A Conservatorship is a court case where a judge
appoints a responsible person (called the “Conservator”) to care for
another adult (called the “Conservatee”) who cannot care for himself
or herself or manage his or her own finances.
It is the Government taking away the rights of one
person and giving it to another.
It’s a Big Deal!
Very detailed process, very specific steps to insure it is really needed.
Can be confusing and frustrating - but it is necessary to protect the
proposed Conservatee
(Called ”Guardianship” in other states)
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Do You Need A Conservatorship?
Alternatives?
At age 18, The Law Presumes a Person is Competent!
Physicians and Financial People may not talk with you!
Alternatives:
• Financial Power of Attorney (POA)
• Advanced Health Care Directive (AHCD)
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Types of Conservatorships
General Conservatorship
Usually for Persons who have
lost mental capacity – Usually
Elderly, (
or not – Britney Spears)
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Limited Conservatorship
Adults with Developmental
Disabilities
Conservatorship of the Person & Estate
Limited Conservatee’s Powers
Granted to Conservator
1) The right to fix Residence
2) The right to access Confidential records and papers
3) To consent or withhold consent to Marriage
4) The right to Contract
5) The right to give or withhold Medical Consent
6) The power to control Social and Sexual contacts
7) The power to make Education decisions
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Conservatorship Process
As a result – The process is Detailed and Thorough - Summary
• Lengthy list of Document need to be completed
• Papers Filed with Court – Court Hearing Set – 3–6 months out
• The $480 filing fee is often waived if receiving Govt benefits
• Notification Sent to Family Members
• Attorney assigned to proposed Conservatee
• Conservatee’s Attorney interviews the Conservatee & Family
• Court Investigator also interviews Conservatee & Family and
performs background check
• Regional Center Evaluations
• Doctors Evaluations of Conservatee (Capacity Declaration)
• Probate Notes – Court Attorney Review & Correct Documents
• Court Hearing – (Covid Process)
• Issue Letters and Orders
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Steps To Get A Conservatorship – Page #1
Questionnaire Completed
Complete Required Forms
RI-PR 071 Certificate of Assignment
RI PR067A Record Check Request (for all adults in the home)
GC 310 Petition (and special attachment if for dementia)
MC025 to further explain 1f, 1h, 1j, 3f(1), 3f(2, an 5f
GC 312 Confidential Supplemental Information
GC 314 Confidential Conservator Screening Form
GC 348 Duties of a Conservator
RI PR 016 Probate Investigators Referral Report
RI PR 044 Declaration of Petitioner Re Trusts etc.
GC 340 Order Appointing Conservator
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Steps To Get A Conservatorship – Page #2
GC 350 Letters of Conservatorship
GC 335 Capacity Declaration – Conservatorship (if for dementia
also include form GC313)
GC 320 Citation for Conservatorship
GC 020 Notice of Hearing – Guardianship or Conservatorship
GC020(MA) Attachment to Notice of Hearing Proof of Service
Determine if there will be a Fee Waiver Request – If so, complete
FW-001-GC, FW-003-GC, and FW-005-GC.
Review all Forms with Client and notarize signatures. Give a copy
of GC348 to proposed Conservator to take with them.
File forms RI PR 071, GC 310, MC 025, GC 312, GC 314, GC 348,
RI PR 016, RI PR 044, GC 340, GC 350 (signed by client), GC 335 (if
completed, or at least a week prior to hearing) GC 320, GC 020 (and any Fee
Waiver forms) at the Probate Clerks Office
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Steps To Get A Conservatorship – Page #3
Update calendar with Hearing date, including date to check probate notes 30
days prior to hearing and all notice dates.
Mail Notice and Petition to Inland Regional Center 60-90 days prior to
hearing. Address: 1365 Waterman Ave., San Bernardino, CA 92408. Alert by phone
IRC Legal at 909 890-3403. Send Fax with Petition and Notice to 909 379-7600.
Advise Proposed Conservator to review the Orientation for Conservators on
line at least 5 days prior to the hearing, and complete RI PR 068 and file.
Personally serve Conservatee with filed copy of GC 320, GC 310, and GC
020 at least 30 days prior to the hearing. Complete proof of service, then file.
Mail to 1
st
or if none to 2
nd
degree relatives the GC 310 and GC 020 at least
15 days prior to the hearing. Complete proof of service, then file.
If CG 335 was not filed in the original filing, assure it is filed within a week
of the hearing date. (Doctor’s completion of Capacity form)
Attend Hearing, then calendar all follow up activities required
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Steps To Get A Conservatorship – Page #4
Receive signed copies of Orders and Letters signed by the court
Within 30 days after hearing, serve Notice of Conservatee’s rights (GC341)
on the Conservator, Conservatee, and the same list of Relatives noted
Within 60 days after hearing, complete and file Determination of
Conservatee’s Appropriate Level of Care (GC-355) if Conservator of Person
Within 90 days of the hearing, Record Letters, Complete Inventory and
Appraisal (GC 040) and Notice of Filing Inventory and Appraisal and How to Object to
Inventory or Appraised Value (GC 042) if Conservator of the Estate
all dates and follow up activities complete, request a cancellation of 100 day
hearing set by court.
(Remind of the continued obligation for annual accounting to be reported to
the court if Conservatorship of Estate)
Letters are your Authority to act as a Conservator.
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After Conservatorship Award.
Post Hearing Documents (90 Day Documents)
More Court Investigations
Court Hearing - 1 year later
Then, every 2 years
Moving
In State - Notify Court
Out of State - Must get Permission - allow 4-6 months.
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Conservatorship v. POA & AHCD
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What are they?
Which One to Choose?
“Lease Restrictive” Rule
Financial Power of Attorney
• Disabled Family member names a person (usually parent)
to manage finances for them.
• The Disabled Family member must be Competent (my
standard is low.)
• Comprehensive and Powerful document.
• However, it is the Disabled family member’s document.
The disabled family member creates the document and has
the power to cancel the document.
Law Office of Jeffrey C. Nickerson
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Health Care
Advanced Health Care Directive (AHCD)
• Allows a person (your disabled family member) to
name a person (usually parent) to make Health
Care Decisions,
only if the disabled family
member is unable to do so.
• Note: The disabled family member can still say
“NO”.
Law Office of Jeffrey C. Nickerson
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What Do You Do!
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Power of Attorney (PoA) – Advanced Health Care Directive (AHCD)
• Easy & Inexpensive to prepare
• Powerful
• Disabled Family Member can revoke the PoA it at any time
• Disabled Family Member can refuse Medical Treatment.
Limited Conservatorship
• Expensive – Time consuming
• Powerful – Disabled Family Member has no ability to refuse or revoke
Things to Consider
• Least Restrictive – Must Follow
• Significant Disability – Can’t Communicate – Limited Conservatorship
• High Functioning – Compliant? PoA & AHCD may be adequate
• Type of Disability
Downs – Usually Happy and Compliant
Mental Illness – Highly recommend Conservatorship
Ways to Get a Conservatorship
Do it yourself(Pro-Per) - Por-Per is a Latin term meaning “for one’s self”
You Don’t have to Hire an Attorney!!
Inexpensive (“Free”) - Complicated – Do you have the time & energy
Riverside Courts have an excellent self-help section
Hire an Attorney
Expensive?
Finding one?
Low Income Free Support – Riverside County Bar Association
Paralegal - Other Document Preparation Services
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Questions?
Discussion
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From "Mickey Mouse Club" to Sex Symbol and Single Mom
2006 - 2007 – A long list of published incidents including Britney Spears & Kevin Federline
divorce. Eventually husband had control of the children
2008 - A Superior Court placed Britney Spears and her estate under conservatorship after the
she was taken to a psychiatric hospital. Her father, James Spears, was named conservator of
Spears herself. More incidents – Not Public.
2008 – 2020 – Over 12 years Conservatorship has done Britney well with her estate
increasing by an estimated $47 million to an estimated $59 million. She has court ordered
professional management of her estate while still living an opulent life-style.
2020 – Sought to have her father removed replaced by a California Licensed Bonded
Professional Fiduciary.
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