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To start the process of appointing a conservator, a summons and petition, form 540PC, has to be filed with the appropriate court. There is an initial filing fee that must be paid, and then additional fees may be assessed later in the process.
While it's possible to terminate conservatorships without a lawyer, it's often much more difficult to do so. This is because conservatorship agreements are complex legal arrangements that offer details for the care of individuals who are classified as not capable of defending themselves.
Guardians for minors are designated by the Family Court. A Conservator manages financial affairs or property for an incapacitated adult or for a minor. The Conservator must manage and protect the property, and report periodically to the court about the assets, receipts and disbursements of the estate.
Courts mandate a conservatorship when an individual is incapacitated in some way. A mental health conservatorship is required when someone suffers from a mental disability, such as dementia, which prevents them from making sound financial and personal decisions.
A California court originally placed Britney Spears under conservatorship in 2008 after a series of bizarre incidents, including: Shaving her head; Attacking the paparazzi with an umbrella; Locking herself in a room with one of her children to avoid handing them over to the child's father.
High-profile conservatorship cases often focus on celebrities who are at risk of squandering a large estate due to reckless behavior. Bynes was placed under a conservatorship in 2013 after starting a fire in her parents' driveway and getting involuntarily admitted to a psychiatric hospital.
Conservatorship is granted when the individual in question no longer has the capacity to make decisions on their own behalf. In virtually all cases, this is a judgment based on mental incapacity. Physical incapacity will rarely, if ever, create a basis for legal guardianship.
A conservatorship may be established after a relative, friend, or public official petitions the court for appointment of a conservator. The petition must contain information on why the individual cannot manage his or her financial affairs or make appropriate decisions concerning his or her personal care.