4 Most Common California Conservatorship Questions

As a licensed California Attorney practicing elder law I frequently have prospective clients inquire as to the appropriateness of a conservatorship of the person or estate. I decided to compile a list of the most frequent questions associated with conservatorship.

How much will it cost to petition for a conservatorship?

Answer: It really depends on the particular facts and circumstances. As I write this in 2009 the court filing fee is $355 for a petition for conservatorship and/or a petition for temporary conservator. Additionally, there will be a Conservatorship Investigation Fee which is currently set at $479. If a petition for conservatorship is uncontested one should expect a few hours of attorney time to prepare the petition, research any needed issues, and prepare for the hearing. Then there is the hearing itself which will most likely take an hour or two of the attorneys time. However, if the petition is contested either by other family members opposed to the choice of conservator, or the conservatee him/herself expect the time an attorney will spend to escalate significantly.

How much will the bond cost?

Answer: Its difficult to say because the amount of the bond set by the probate court is usually dependant upon the value of the Conservatee’s Estate. However, the cost of the bond premium is an administration expense of the conservatorship and as such can be charged to the conservatorship estate.

What kind of information will they want to know about me?

Answer: Every proposed conservator is required to fill out a Confidential Conservator Screening Form, (Judicial Council Form GC-314). However, this form will not be available to the public so there is no need to worry. However, various personal questions regarding any Bankruptcy petitions you may have filed in the last 10 years, any criminal convictions or expungements, and whether or not you owe or are owed any money by the proposed conservatee are asked, among others.

I have existing letters from the Conservatee’s doctors do I still need a Capacity Declaration?

Answer: Yes the court will require the person petitioning for conservatorship to file a Capacity Declaration—Conservatorship (Judicial Council Form GC-335), which must be completed by a physician, psychologist, or religious healing practitioner, anytime you are seeking a Conservatorship of the Estate, medical decisions power, or dementia powers and the proposed conservatee will be unable to attend the hearing.

ABOUT CHRISTOPHER R. TWINING
Christopher R. Twining, Attorney at Law, based in the Westwood Neighborhood of Los Angeles is an innovative estate planning, probate & trust administration, and elder law attorney, who offers in home services for busy and movement challenged clients. The Law Office of Christopher R. Twining serves the cities of Los Angeles, Santa Monica, Culver City, Beverly Hills, West Hollywood, Pasadena, Burbank and the neighborhoods of West Los Angeles, Westwood, Brentwood, Bel-Air, Pacific Palisades, Palms, Pico-Robertson and Encino. Dedicated to helping individuals and couples prepare comprehensive estate plans according to their wishes; he offers them these services at an affordable price, in the relaxed comfort of their homes. For more information about his services, please visit http://www.twininglaw.com or call (310) 492-5990.

CHRISTOPHER R. TWINING
LAW OFFICES OF CHRISTOPHER R. TWINING
1440 VETERAN AVENUE, SUITE 509
LOS ANGELES, CALIFORNIA 90024
(310) 492-5990 Fax (310) 775-9774
http://www.twininglaw.com