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HANDBOOK for CONSERVATORS 2 0 1 6 R EVISED E DITION HANDBOOK for CONSERVATORS J UDICIAL C OUNCIL OF C ALIFORNIA HANDBOOK FOR CONSERVATORS 2016 Revised Edition ••• JUDICIAL COUNCIL OF CALIFORNIA Chief Justice Tani G. Cantil-Sakauye, Chair Martin Hoshino, Administrative Director Judicial Council of California 455 Golden Gate Avenue San Francisco, California 94102-3688 www.courts.ca.gov © 1992, 2002, 2016 by Judicial Council of California All rights reserved. Published 2016. First edition published 1992. Second edition 2002. Printed in the United States of America Heather Anderson, Supervising Attorney Douglas C. Miller, Attorney Karen Gernand, Copy Editor Sheila Ng, Graphic Designer Patricia Valentine, Proofreader The Handbook for Conservators: 2016 Revised Edition, is published by the Judicial Council of California and con- tains information required to be provided to private conservators under Probate Code sections 1834–1835. The superior courts of California may freely download, print, and distribute this handbook. The Judicial Council also recommends and welcomes use of the Handbook for Conservators by public conservators and trust compa- nies for educational purposes. The handbook is available on the California Courts website at www.courts.ca.gov/documents/handbook.pdf. To order print copies, see page xii. CONTENTS How to Use This Handbook........................................... xi How to Order Print Copies of This Book................................. xii Acknowledgments ................................................. .xiii 1 OVERVIEW OF CONSERVATORSHIP ....................... .1-1 1.1 Duties of Conservators of the Person and Conservators of the Estate .. 1-2 1.2 Types of Conservatorships .................................. 1-4 A. Probate Conservatorships ............................... 1-4 B. Lanterman-Petris-Short (LPS) Conservatorships .............. 1-5 1.3 Getting Started .......................................... 1-6 A. Qualifying to Serve as Conservator ....................... 1-6 B. Letters of Conservatorship .............................. 1-7 C. Working with Others Involved in the Conservatorship ........ 1-9 D. Working with Your Lawyer ............................. 1-9 1.4 Conservators Who Live Out of the Area ...................... 1-10 1.5 The Conservatee’s Rights .................................. 1-11 1.6 Duty to Notify the Court of Possible Changes in the Conservatee’s Marriage or Domestic Partnership ........................... 1-12 A. When You Are Married to or the Domestic Partner of Your Conservatee .................................. 1-12 B. When Your Conservatee Has a Spouse or Domestic Partner Who Is Not a Conservator ............................. 1-13 1.7 Changing Conservators or Ending the Conservatorship .......... 1-14 2 TEMPORARY CONSERVATORSHIP TAKING CARE OF THE CONSERVATEE’S IMMEDIATE NEEDS ............... .2-1 2.1 Specific Ending Date for Temporary Conservatorships ............ 2-2 2.2 Mandatory Advance Notice and Hearing in Appointments of Temporary Conservators ................................. 2-2 2.3 Mandatory Attendance of Proposed Conservatee at Hearing ........ 2-2 2.4 The Court Investigator’s Role in Temporary Conservatorships ....... 2-3 2.5 Restrictions on Moving the Conservatee from Home .............. 2-3 2.6 Restrictions on Selling or Ending Tenancy in the Conservatee’s Home .. 2-5 2.7 Restrictions on Selling or Giving Away the Conservatee’s Assets ..... 2-5 2.8 Inventorying the Estate and Accounting to the Court ............. 2-6 3 LIMITED CONSERVATORSHIP ASSISTING A PERSON WHO HAS A DEVELOPMENTAL DISABILITY........... .3-1 3.1 Limited Conservator’s Authority ............................. 3-2 3.2 Limited Conservator of the Person ........................... 3-3 A. Authority to Control Contracts .......................... 3-4 B. No Authority to Sterilize a Limited Conservatee ............. 3-4 3.3 Limited Conservator of the Estate ............................ 3-4 3.4 Court Supervision of a Limited Conservatorship ................. 3-5 3.5 Ending a Limited Conservatorship ........................... 3-5 3.6 Regional Center Resources ................................. 3-5 4 CONSERVATOR OF THE PERSON CARING FOR THE CONSERVATEE’S PERSONAL NEEDS . 4-1 Summary of Timeline and Responsibilities for a Conservator of the Person. .4-2 4.1 Getting Started .......................................... 4-3 A. Qualifying to Serve as Conservator of the Person ............. 4-3 B. Obtaining and Using Letters of Conservatorship ............. 4-4 C. Assessing the Conservatee’s Needs ........................ 4-4 D. Working with the Conservator of the Estate, a Trustee, or the Conservatee’s Spouse or Domestic Partner .................. 4-4 E. Working with the Conservatee ........................... 4-5 F. The Conservatee’s Personal Rights......................... 4-5 G. Determining the Conservatee’s Appropriate Level of Care ....... 4-6 H. Developing Your Plan of Conservatorship .................. 4-8 4.2 Deciding Where the Conservatee Will Live ..................... 4-8 A. Moving the Conservatee Outside the State .................. 4-9 B. Arranging for the Least-Restrictive Appropriate Home Setting .. 4-10 C. Moving the Conservatee to a Care Facility ................. 4-13 Checklist for Selecting a Care Facility .................. .4-16 D. Caring for the Conservatee in a Care Facility ............... 4-24 E. Keeping the Court and Interested Persons Informed of Moves by the Conservatee ................................... 4-25 4.3 Keeping the Conservatee Healthy ........................... 4-28 A. Securing Health Insurance ............................. 4-28 Health Information Organizations ..................... 4-30 B. Consenting to Medical Treatment ........................ 4-31 C. Working with Doctors and Pharmacists ................... 4-33 D. Improper Medicines and Dosages ....................... 4-33 E. Arranging Dental Care ................................ 4-35 F. Obtaining Hearing Aids, Eyeglasses, and Other Devices ...... 4-36 G. Caring for Feet ...................................... 4-37 H. Encouraging Personal Cleanliness and Grooming ........... 4-37 4.4 Maintaining a Good Diet .................................. 4-38 A. Arranging Special Diets ............................... 4-38 B. Watching for Problems That May Lead to Poor Nutrition ..... 4-39 4.5 Providing Clothing ...................................... 4-41 4.6 Arranging Recreation and Social Contact ..................... 4-43 A. Providing Reading Material and Eyeglasses ................ 4-43 B. Helping the Conservatee Enjoy Music .................... 4-43 C. Encouraging Contact with Family and Friends ............. 4-43 D. Arranging Outings and Trips ........................... 4-44 E. Finding Structured Activities Away from Home ............. 4-44 4.7 Tapping Helpful Resources ................................ 4-44 A. Case Management Services ............................. 4-45 B. Meal Services ....................................... 4-45 C. Homemaker, Home Health, and Personal-Care Services ....... 4-45 D. Senior Centers ...................................... 4-47 E. Adult Social Day Care Programs ......................... 4-48 F. Adult Day Health Care Services ......................... 4-48 G. Day Programs for People with Developmental Disabilities ..... 4-48 The Communications Notebook ....................... .4-49 H. Transportation Services ............................... 4-54 I. Personal Contact Programs ............................ 4-54 J. Emergency Response Devices ........................... 4-54 K. Counseling ......................................... 4-54 L. Respite Care: Giving the Caregiver a Break ................ 4-54 M. Work-Training Programs .............................. 4-55 N. Schools and Colleges ................................. 4-55 4.8 Protecting the Conservatee from Harm . 4-56 4.9 Keeping the Conservatee from Causing Harm .................. 4-57 4.10 Conservators Who Live Out of the Area ...................... 4-57 5 Conservator OF THE Estate MANAGING THE CONSERVATEE’S FINANCES........................... .5-1 Summary of Timeline and Responsibilities for a Conservator of the Estate . .5-2 5.1 Getting Started .......................................... 5-3 A. Qualifying to Serve as Conservator of the Estate ............. 5-3 B. Obtaining a Conservator’s Bond .......................... 5-4 C. Obtaining and Using Letters of Conservatorship ............. 5-5 Sample Letter to County Recorders ..................... .5-7 D. Working with the Conservator of the Person ................ 5-8 E. Working with the Conservatee ........................... 5-8 F. Developing Your Plan of Conservatorship .................. 5-8 G. Keeping the Court Informed of Address Changes ............ 5-8 5.2 Responsibilities of a Conservator of the Estate .................. 5-9 5.3 Giving Notice of Your Appointment ......................... 5-11 Sample Letter of Notice of Appointment .................... .5-13 5.4 Contracting on Behalf of the Conservatee...................... 5-14 5.5 Locating the Conservatee’s Assets ........................... 5-15 A. Assets That Aren’t Part of the Conservatorship Estate ........ 5-17 B. How to Find the Conservatee’s Assets .................... 5-19 C. Assets Owned by the Conservatee and Others .............. 5-19 5.6 Taking Control of the Conservatee’s Assets .................... 5-20 A. Bank Accounts ...................................... 5-20 B. Safe Deposit Boxes ................................... 5-24 C. Stocks and Bonds
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