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This article is the fifth in a series of articles designed to educate and inform the reader on the general concepts of conservatorships, when they may be necessary, and the considerations made by the Court in establishing them. As discussed in previous installments, when the Court appoints a person as a conservator, they become responsible to the Court and assume duties and obligations, which stay in effect for the duration of the conservatorship, or as long as the conservator’s position as conservator remains in effect. In some cases, a conservator owes duties even upon termination of the conservatorship. This fifth article will focus on educating the reader on the termination of a conservatorship.
California Rules of Court, Rule 7.1052. Termination of Conservatorship: provides that a conservatorship of the person may terminate automatically under the law (by operation of law). Alternatively, a conservatorship may terminate by order of the Court if the presiding judge determines that a conservatorship is no longer required.
Termination of a Conservatorship by Operation of Law.
A conservatorship of the person ends when the conservatee dies. In the event of a conservatee’s death, a conservator of the person need not file a petition for the conservatorship’s termination. However, for a conservator of the estate, their duties will depend on whether an accounting is due upon the conservatee’s death. To determine if a final accounting will be required, a conservator of the estate is required to file a petition to terminate a conservatorship along with other forms to be reviewed by the court investigator.
If the court investigator determines that a final accounting is due by the conservator of the estate upon the death of the conservatee, the conservator is to turn over the conservatee’s assets to the conservatee’s appointed personal representative (or if there is no appointed personal representative) to the person(s) entitled to receive the conservatee’s assets, such as the conservatee’s heirs). Then, the conservator’s final account shall include an account for the period ending on the date of the conservatee’s death and shall show all property on hand as of the conservatee’s date of death.
If the court investigator determines that a final accounting is not due upon the death of the conservatee, the conservator should instead file a notice of death of the conservatee.
Termination of a Conservatorship by Court Order
A conservatorship also ends when the judge determines that the conservatee can handle his or her own affairs, or, when the conservatorship of the estate runs out of assets.
An individual under a temporary conservatorship due to a temporarily disabling condition may recover and be able to take care of their personal affairs or finances. Additionally, a person with a developmental disability, as defined in Article 1 of this series, may improve to the point of becoming able to manage their affairs. In these cases, the conservatee, the conservator, one of the conservatee’s relatives or fends, or some other interested person may petition the court to end the conservatorship. The Court may then have the court investigator evaluate the conservatee’s condition to see if the conservatorship should be ended. However, such a petition need not be filed with the court for the court investigator to assess the conservatee’s condition and the necessity of a conservatorship. That is because, independent of such filing, a court investigator visits a conservatee yearly to assess the necessity of a conservatorship.
If the presiding judge ends a conservatorship due to a conservatee’s rehabilitation, a conservator is released from their duties once they have completed the final responsibilities required by the Court. A conservator of the estate whose administration is terminated by operation of law or by Court order must file and obtain the Court’s approval of a final account of the administration.
In the event that a conservator dies, resigns, or is removed by Court order, a conservatorship will continue, and the conservator will be replaced. If a conservator elects to resign due to illness or another reason for the inability to serve, they must file a petition asking the Court’s permission to accept the conservator’s resignation. Finally, the Court may remove a conservator who is failing to perform the duties of a conservator or is incapable of performing them. The conservatee or the conservatee’s relatives or friends may then file with the Court to replace the conservator.
Because a conservator may have duties following the end of the conservatorship, or their removal from the role of a conservator, it is important that a conservator consults with an attorney regarding the final discharge of his or her duties. For more information regarding your duties as conservator, preparing to account to the Court, or other matters associated with elder and dependent adults, estate planning, power of attorney documents, and Probate Court, please call us at (805) 934-4600 to schedule an appointment.