A conservatorship gives a court-appointed person authority over parts of a loved one’s care or finances. You may disagree with the need for that control or with how the conservator is handling the role. Those issues become more serious when they affect your loved one’s daily choices and well-being.
California law gives you different ways to challenge a conservatorship. You may oppose one before the court creates it, ask the court to end an existing one or seek removal of the current conservator. The right approach depends on what you want the court to address.
Grounds for challenging a conservatorship
Someone who asks the court to create a conservatorship must prove the legal grounds by clear and convincing evidence. The judge also must find that a conservatorship offers the least restrictive way to protect the proposed conservatee. Evidence that another form of support would meet the person’s needs may support an objection.
California law also allows certain people to ask the court to end an existing conservatorship when the conservatee no longer needs it. Other grounds focus on the conservator’s conduct. For example, the court can remove a conservator who repeatedly fails to carry out required duties or properly manage the estate.
What happens during a challenge
If you have the right to oppose a proposed conservatorship, you may raise your objection at the hearing. To end an existing conservatorship or remove the conservator, you generally file a petition explaining why you want the change. The judge then reviews the evidence and decides whether the request meets California law.
The person facing a conservatorship has additional rights. If that person is you, you have the right to oppose the petition and attend the hearing. You also have the right to legal counsel, and California law requires the court to appoint counsel in certain cases.
Getting ready for a court dispute
Consider gathering court papers and other records that relate to your case. You may also want to write down important dates and events while they are still fresh. Keeping everything in one place can help you understand what happened and prepare to present your case.