If you become a conservatee, you do not necessarily lose the right to take part in important decisions affecting your life or your property. As a conservatee, you have the right to be treated with understanding and respect and to have your wishes considered. You have all basic human rights as well, and the right to be well cared for by the conservator.
You also have the right to ask questions and to express concerns and complaints about the conservatorship and his or her actions as conservator. You can ask the court to review the conservator’s handling of the conservatorship if you and the conservator cannot work out a dispute between you.
Even if you do not take direct action to have the court review the conservator’s actions, the court itself will periodically send a person, called a court investigator, to see you, to ask you about your situation and desires, and to advise you of your rights. The court may also appoint a lawyer to represent you.
As a conservatee, you generally keep the right to:
If you, as the conservatee, are a patient in a board-and-care home, nursing home, or other care facility, the Patient’s Bill of Rights applies. The Patient’s Bill of Rights is a state law that lists a patient’s personal, social, financial, and medical rights in the facility, including the right to privacy. As a patient, you must be given a copy of this Bill of Rights when you are admitted to the facility, and it must be posted in an obvious place in the facility.
As a conservatee, you have the right to be represented by a lawyer. For certain types of issues, the law requires that the court appoint a lawyer for you if you ask for one, or if the court believes the appointment would be helpful or is necessary to protect your interests. In those cases, the judge will decide if you can afford to pay the lawyer, either fully or a specified portion of the fees. If so, the lawyer fees will be paid by the conservatorship estate. Any portion of the lawyer’s fees and costs that you cannot afford to pay are paid by the county.
The lawyer appointed by the court usually prepares and files a written report, including his or her recommendations for resolution of the matter before the court. Sometimes your conservator may disagree with a position being taken by your lawyer. If so, it may be possible to reach a compromise to settle the disagreement. If everyone involved cannot agree to a compromise, a judge may have to decide what is best. Recommendations by your court-appointed counsel are usually given great weight and consideration by the court.
Setting up a conservatorship is a long and complex process. Here is a brief description of the steps to give you an idea of what you should expect.
The court investigator gives neutral information about the case to the judge. He or she will talk to you throughout the court process, and you will have a chance to tell him or her about your concerns and wishes and to ask any questions you may have.
The investigator will call the proposed conservator and set up a visit with him or her and you. Sometimes, he or she will meet with both of you more than once. The investigator must also interview your relatives.
The court investigator will meet with you in a private interview and:
After talking with you and the proposed conservator, and talking with your relatives about why the proposed conservatorship is needed (or not), the court investigator will write a confidential report for the court. The investigator will then send a copy of the report to the conservator and the conservator’s lawyer, to you and your lawyer, to your spouse or domestic partner, and to your parents and children. In this report, the investigator will make recommendations to the judge about the case.
If a conservator is appointed, the court investigator stays involved. Six months after the appointment, the investigator will review the case again to make sure the conservator is fulfilling his or her responsibilities to you and that your rights are being protected. The investigator will review the case again after another 6 months, and every 12 months after that.
If the investigator thinks the conservator is acting in your best interests and the court agrees, the court can reduce the scope of the reports the investigator must write and file in later reviews, but the investigator must make a personal visit and interview you and must prepare and file at least a short status report every year after the first year. The court may order additional reviews as necessary or helpful to protect you.
If the investigator thinks there may be a problem after one of these reviews, he or she may ask the judge to appoint a lawyer for you. This may start the legal process to sanction or remove the conservator and either appoint someone else as successor conservator or end the conservatorship.
The investigator will also visit you and make a report if:
The court investigator will explain these situations to you. He or she will then make recommendations to the court in a written report that will also be mailed to the conservator, your lawyer, and your spouse or domestic partner and other close relatives.
A conservatorship is usually a permanent arrangement. But, in certain cases, a conservatorship may be ended or the conservator may be changed.
In these cases, you, the conservator, a relative or friend of yours, or some other interested person can ask the court to end the conservatorship. The court may ask the court investigator to evaluate the case and your condition to see if the conservatorship should be ended. If the judge ends the conservatorship, the conservator will be released from his or her duties and you will no longer be under a conservatorship.
There are other reasons why a conservatorship may end, like the conservator resigns as conservator in your case, the conservator dies, or you have no more assets (for a conservatorship of the estate). If you have no more assets and a conservatorship of the estate is ended for that reason, a conservatorship of the person will continue if you require that care and protection.