Limited conservatorships: powers granted, why get a co-conservator …

In California, most conservatorships granted are “limited” conservatorships and typically up to seven (7) powers can be removed.  Control over medical decisions, over financial decisions and over educational decisions are three of the seven powers typically removed from the conservatee and given to the conservator.

Having a co-conservator to serve with the conservator who can act equally with the conservator is frequently helpful.  So, think about whether it might be wise to have a co-conservator on the Petition.

In Santa Cruz County you can get assistance and file In Pro Per without the assistance of a lawyer.

Once you have a PR number assisgned and are given a Hearing Date be sure to give Notice of Hearing to the regional center closest to you.

The Hearing Date and PR number are necessary for the regional center to prepare the required report and provide it to Superior Court. The regional center is requred by law to provide a report to Superior Court once there is a stamp from the clerk of the court.

The whole process of getting a Limited Conservatorship is paper intensive and about 18 different pieces of paper may be required.

The paperwork typically provided to the regional center include: CG-020 Notice of Hearing – Guardianship or Cnservatorship
GC-310 Petition for Appointment of Probate Conservator of the Person – 7 pgs

Attachment 1c: If no other assets, then no bond required
Attachment 1h list of the powers (e.g., medical, educational, contract) requested under 2351.5

Attachment 1l request that the signature of either co-conservator

Attachment 3f(1) list of the only living 1st and 2nd degree relatives
Attachment 3f(2) who the proposed con-conservator is

To find out about the powers that can be removed, GOOGLE  California Probate Code and look at Section 2351.5 which lists the specific powers.  See below: 

2351.5. (a) Subject to subdivision (b):

(1) The limited conservator has the care, custody, and control of the limited conservatee.

(2) The limited conservator shall secure for the limited conservatee those habilitation or treatment, training, education, medical and psychological services, and social and vocational opportunity as appropriate and as will assist the limited conservatee in the development of maximum self-reliance and independence.

(b) A limited conservator does not have any of the following powers or controls over the limited conservatee unless those powers or controls are specifically requested in the petition for appointment of a limited conservator and granted by the court in its order appointing the limited conservator:

(1) To fix the residence or specific dwelling of the limited conservatee.

(2) Access to the confidential records and papers of the limited conservatee.

(3) To consent or withhold consent to the marriage of, or the entrance into a registered domestic partnership by, the limited conservatee.

(4) The right of the limited conservatee to contract.

(5) The power of the limited conservatee to give or withhold medical consent.

(6) The limited conservatee’s right to control his or her own social and sexual contacts and relationships.

(7) Decisions concerning the education of the limited conservatee.

(c)

Any limited conservator, the limited conservatee, or any relative or friend of the limited conservatee may apply by petition to the superior court of the county in which the proceedings are pending to have the limited conservatorship modified by the elimination or addition of any of the powers which must be specifically granted to the limited conservator pursuant to subdivision (b). The petition shall state the facts alleged to establish that the limited conservatorship should be modified. The granting or elimination of those powers is discretionary with the court. Notice of the hearing on the petition shall be given for the period and in the manner provided in Chapter 3 (commencing with Section 1460) of Part 1.