FAQs
Probate Conservatorship
Any interested party can make a probate referral to the Public Guardian. Likewise, any interested party can petition the Court to become the Conservator. Before doing so, however, family members should consult with an attorney. In Siskiyou County, the Public Guardian accepts referrals from Adult Protective Services (APS).
Probate matters can take 30 to 60 days to establish.
The Public Guardian is usually appointed on petitions it files. Probate Conservatorship petitions may be filed by private individuals or by agencies on their own behalf.
Probate is indefinite but Conservatee or Conservator may petition the Court for termination at any time.
Probate Conservatorship is restricted to adults, age 18 and older who meet the legal criteria described above (Guardianship is available for minors). Generally, Probate Conservatorships involve frail elderly or dependent adults.
Established for a person who is unable to meet their needs for physical health, food, clothing or shelter or for persons "substantially unable to manage their financial resources" or resist fraud or undue influence. The person must also be a Siskiyou County resident.
The Court often grants to the Conservator the exclusive authority to make most medical decisions, such as surgeries, but not involuntary mental health treatment decisions.
The Conservator is usually authorized to place the Conservatee anywhere in California consistent with treatment needs, except in a mental health treatment facility.