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What Is The Legal Criteria For A Probate Conservatorship: Established for a person who is unable to meet their needs for physical health, food, clothing or shelter or for persons ?substantially unable to manage their financial resources ?or resist fraud or undue influence. The person must also be a LA county resident.
The paperwork and the court appearances required to put things in order can be overwhelming. In order to get a hearing, one must typically wait 60 days. In emergency situations, you can get a hearing in as little as 5 court days. This is called a temporary conservatorship.
If you consider a conservatorship but due to distance or other factors you cannot personally assume this responsibility, the court can appoint a professional conservator whose fees (which are usually high) must be paid from your loved one's assets, unless a friend or relative wants to pay them.
In order to become a conservator in California, you must file a Petition with the court and nominate yourself to the position. Alternatively, another interested party may nominate you to be conservator. Once the Petition is filed, the court may set a hearing on the matter.
However, California law provides that conservators can receive reasonable compensation, payable from the conservatees estate. You may be paid an hourly fee for the work you perform as a conservator, which means you will need to maintain detailed records of the services you provide.
Once appointed, a guardian or conservator must be discharged by the judge to end the guardianship or conservatorship. Reasons for discharge include the death of the ward or conservatee, the ward's return to capacity or the guardian/conservator's inability to fulfill his or her duties.
Costs start at $435. You will also need to pay a fee for an investigation. If the adult who may need a conservatorship can't afford the fees, you can apply for a fee waiver. It takes at least 1 month to get a court date to become a conservator.