Helping You Through Times of Change

How can California residents quickly appoint a conservator?

On Behalf of | Nov 26, 2020 | Estate Planning

Asking a court to appoint a conservator for your aging parent or relative may not be an easy one since a conservator will assume a lot of responsibility over your loved one. Still, sometimes it is necessary. In fact, some families have an urgent need for a conservator to come in and help a relative.

If time is of the essence, you should know that state law allows for a judge to appoint a conservator immediately. As the California courts website explains, a judge may approve a temporary conservator to protect your relative while the court processes your case for a permanent conservator.

What to know about temporary conservators

Generally, a judge will appoint a temporary conservator for a period of time of about 30 to 60 days. You can expect the conservator to take care of duties like care, protection, and support of your loved one. If needed, the conservator may take care of the estate of your loved one and keep it from loss until such time as a permanent conservator takes over.

The appointment of a temporary conservator

To request a temporary conservator in California, you should file the request as part of a general conservatorship case. You might file your request simultaneously with your permanent conservatorship case. If you need additional time, you may file for a temporary conservator not long after the court opens your general conservatorship case.

Temporary conservators have restrictions

A temporary conservator does not have the full powers of a permanent conservator. Unless a judge approves it, a temporary conservator cannot place your relative in a new home unless an emergency requires it. Also, a temporary conservator cannot sell or give away assets your relative owns, nor can the conservator sell the home of your loved one or surrender the lease if your relative is a tenant.