A conservatorship is a court proceeding to appoint a manager for the financial affairs and/or the personal care of one who is either physically or mentally unable to handle either or both. The person who cannot care for him or herself is called the conservatee. A person or organization the judge chooses to manage the conservatee's affairs is the conservator. A conservator can be a family member, friend or professional person. A conservatorship ends when the conservatee dies, the conservatorship estate runs out of money, or the conservatee regains the ability to handle his or her own personal/financial affairs. On occasion, a temporary conservatorship may be appropriate if there is an emergency that requires an immediate appointment. A Petition for Temporary Conservatorship can be filed at the same time as the Petition for Limited or General Conservatorship or at some time later, when a need arises. A Petition for Appointment of a Temporary Conservator should have all information supporting the need for emergency orders, including copies of all relevant medical, police, or Adult Protective Services reports.

Visit the   Judicial Council website Self-Help Center for conservators.

You must view the following video: 'With Heart: Understanding Conservatorship'.
After watching the video, you must complete the Verification Form and submit to the Court.

Forms can be found on the   Judicial Council website.

Once the Petition for Conservatorship has been filed, the clerk will set the matter for hearing. The hearing will generally be set 45 days from the date of filing. A Court Investigator is assigned to interview all persons who are the subject of a petition for conservatorship before the first hearing is held. The purpose of the interview is to determine if the person understands the proceedings or has any objections to it. After an appointment has been made, a Court Investigator will periodically interview both the conservator and the conservatee and report to the court about the well-being of the conservatee and whether the conservatee's estate is being properly cared for. The investigator is also assigned to examine cases that are conservatorships of the estate only. The investigator reviews the accountings submitted annually by the conservator.

In some cases, the Probate Court may oversee the division of property of someone who has passed away. This property is called a decedent's estate. The court supervises the assets and liabilities of people who die while they are residents of California or who leave property inside the state. This includes payment of the person's debts and the distribution of property to beneficiaries.

You may contact the   Amador County Bar Association or the   State Bar
for a referral to an attorney for consultation and/or representation. You may represent yourself; Probate Code ,  Code of Civil Procedure , Local Rules.
Please see the self-help tab for local resources to assist in representing yourself in a probate matter.

Forms can be found on the Judicial Council website.

Video: Becoming a Guardian A guardianship is a court process in which someone other than a parent is given custody of a child or when a parent or other person is given authority over a child's property. The child, called the minor or ward, must be under the age of 18. A legal guardian is an adult the court chooses to be responsible for and care for a child, manage the child's property, or both.

A guardianship of the estate allows the guardian to make financial decisions for a child, and is often filed when a minor is to receive a large monetary gift or inheritance. Both parents and non-parents can become guardians of the estate for children. In guardianships of the estate, the court may require the funds to be placed into a blocked account; withdrawals are allowed only with prior court approval. The law requires that the Probate Court conduct an investigation of anyone seeking to become a guardian. There is a fee for this investigation. As an alternative to a guardianship, caregiver's authorization affidavit may be completed. This form allows a relative to enroll a child in school and get medical treatment. Non-relatives may also use this form to enroll a child in school and to receive school related medical treatment. If an emergency exists, that is a situation such that irreparable harm will result if immediate action is not taken by the Court, a temporary guardianship may be appropriate. A temporary guardianship enables a person to have legal guardianship of a child prior to the general guardianship hearing. It cannot be filed separately from a guardianship. A Petition for Temporary Guardianship can be filed at the same time as the Petition for General Guardianship or at some time later, when a need arises. A Petition for Appointment of a Temporary Guardian should include detailed information about the present danger to the child, and should include copies of any existing police reports, CPS recommendations, etc.

Assistance for Self Represented Litigants with guardianship cases is available on a very limited basis. Please contact the court's Self Help Facilitator's Office at 209-257-2627 for more information.

 

The Judicial Council website has a Self-Help Center for guardians.

A packet of forms can be found on the Amador Court Website under the Probate tab

Once the Petition for Appointment of Guardian has been filed, the clerk will set the matter for hearing. The hearing will generally be set 45 days from the date of filing. During the period of time from the filing to the hearing, an investigator will complete a background investigation of each proposed guardian, any adult living in the home where the minor will reside and for any person listed as a potential caregiver for the child.