How to Transfer a Conservatorship In or Out of California
- Keystone News
- 850 Petitions
- Attorney-Client Privilege
- Attorney's Fees
- Caretaker Issues
- Competency/Undue Influence
- Evidence / Procedure
- Fiduciary Misconduct/Removal
- Lis Pendens
- Marriage and Community/Separate Property
- No Contest Clauses
- Non-Probate Transfers
- Petition for Instructions
- Powers of Appointment
- Real Estate Disputes
- Spendthrift Clause
- Statute of Limitations
- Probate News
- Probate Services
- Who We Help
If you are in the position where you need to transfer a conservatorship of a protected person in or out of California, you will need to look to the California Conservatorship Jurisdiction Act (CCJA) for guidance. The CCJA is a more detailed variation of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA), which is currently the law in forty different states.
If you are seeking to transfer a conservatorship out of California, you will need to file a petition with the court. In determining whether or not to grant the transfer, the court will be looking for three factors.
First, is the conservatee, or protected person, living in another state or is reasonably expected to be residing in another state? Second, has there been any objection to the petition or any evidence presented to suggest the transfer would not be in the conservatee’s best interests? Finally, are the plans for the care of the conservatee, including necessary services, reasonable and sufficient?
Once satisfied that these factors are being adequately addressed, the court will issue a provisional order to terminate the California conservatorship. This provisional order will become final once all necessary documents, including a full accounting, have been filed.
Transferring a Conservatorship into California
Transferring a conservatorship into California also requires the filing of a petition with the California court, along with the provisional order from the outbound state. The petition must describe what modifications, to the conservatorship, if any, would be necessary to conform to California law and how those changes will be handled if the transfer is approved.
Objections to the transfer can be filed by anyone who is entitled to notice on any one of several grounds. These circumstances include allegations that the transfer is contrary to the conservatee’s interest, the conservator is not eligible for appointment in California, the petition fails to identify a qualified conservator, or the conservatee is developmentally disabled and thereby entitled to additional legal proceedings under California law.
Once all filings are complete, the court will hold an initial hearing on the petition to transfer the conservatorship into California. Barring any of the previously mentioned objections, the court will issue a provisional order granting the transfer, but the process is not yet complete.
Once the interim order is granted, the petitioner must give notice of a second hearing to be held within sixty days of the provisional order. During the sixty day waiting period, a court-appointed investigator does a thorough investigation to ensure no issues exist.
At the second hearing, the court can rewrite the order to conform to California law if needed and then appoint the conservator, who then files the court order and any necessary bond.
The process of transferring a conservatorship in or out of California can be a complicated one, with numerous technical requirements to meet from which it is in your best interest to consult with an experienced probate attorney to advise you of your rights and responsibilities.
If you are involved with the transfer of a conservatorship, contact one of our highly experienced and reputable probate lawyers in Los Angeles at the leading Keystone-Law Group. P.C. at 310.444.9060 or visit www.Keystone-Law.com for further information.