“[U]nder Probate Code section 1821(a), a petition for appointment of a conservator must include supplemental information as to why the appointment is required.” (Conservatorship of Schaeffer (2002) 98 Cal. App. 4th 160, 163-164.) “The statute also provides that the supplement ‘shall be confidential and shall be made available only to parties, persons given notice of the petition who have requested this supplemental information or who have appeared in the proceedings, their attorneys, and the court.’” (Id. citing Prob. Code, § 1821, subd. (a), emphasis added.) “Similarly, a court investigator's report must be provided to the parties.” (Conservatorship of Schaeffer at 164 citing Prob. Code, Secs. 1826(l) and (n); 1851(e); and 2684(g).)

“Probate Code section 1810 provides: ‘If the proposed conservatee has sufficient capacity at the time to form an intelligent preference, the proposed conservatee may nominate a conservator in the petition or in a writing signed either before or after the petition is filed.” (Conservatorship of Ramirez (2001) 90 Cal. App. 4th 392, 400.) “The court shall appoint the nominee as conservator unless the court finds that the appointment of the nominee is not in the best interests of the proposed conservatee.’” (Id.) “Probate Code section 4126 permits nomination by durable power of attorney of a conservator of the person, estate or both for consideration by the court should conservatorship proceedings thereafter be commenced.” (Conservatorship of Ramirez at 400 citing Probate Code at 1810(a).) In proceedings in this state, "the nomination has the effect provided in Section 1810...." (Conservatorship of Ramirez at 400 citing Probate Code at 1810(b).)

Limited Conservatorship

“A limited conservator of the person... may be appointed for a developmentally disabled adult. A limited conservatorship may be utilized only as necessary to promote and protect the well-being of the individual, shall be designed to encourage the development of maximum self-reliance and independence of the individual, and shall be ordered only to the extent necessitated by the individual's proven mental and adaptive limitations. The conservatee of the limited conservator shall not be presumed to be incompetent and shall retain all legal and civil rights except those which by court order have been designated as legal disabilities and have been specifically granted to the limited conservator.” (Sec. 1801(d).) Conservatorship of Amanda B.(2007) 149 Cal. App. 4th 342, 352.

Section 2351.5(b)(7) provides that, “in its order appointing the limited conservator,” the probate court may grant to the conservator the power to make “[d]ecisions concerning the education of the limited conservatee.”

Section 50083(a)(1) When ordered by the court after the hearing required by this section, a conservator appointed pursuant to this chapter shall place his or her conservatee as follows: "(A) For a conservatee who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, in the least restrictive alternative placement, as designated by the court." (Sec. 5358(a)(1)(A).)

However, the fact that a conservator possesses the discretion to move the conservatee to a less restrictive placement does not eliminate the duty of the court to set the initial level of placement. (Conservatorship of Amanda B.(2007) 149 Cal. App. 4th 342, 352.)

Role of Regional Center in Limited Conservatorships

“The regional center plays a very significant role in the establishment of a limited conservatorship. Before a limited conservatorship is created, the regional center performs an assessment of the proposed limited conservatee and submits a written report of its findings and recommendations to the court. Cal. Conservatorship Practice (Cont.Ed.Bar 2018 update) Sec. 22.7 D.” “[T]he regional center report is required before the court can proceed to decide the petition for a limited conservatorship.” Id.

Jury Trial and Evidence

Probate Code Sec. 1022 provides, “An affidavit or verified petition shall be received as evidence when offered in an uncontested proceeding under this code.” “[S]ection 1022 authorizes the use of declarations only in an ‘uncontested proceeding.’” (Estate of Bennett (2008) 163 Cal.App.4th 1303, 1309.) “When a petition is contested, as it was here, . . . absent a stipulation among the parties to the contrary, each allegation in a verified petition and each fact set forth in a supporting affidavit must be established by competent evidence.” (Estate of Lensch (2009) 177 Cal.App.4th 667, 676.) On the other hand, a declaration or report received in evidence without objection at a contested hearing may properly be considered as competent evidence. (See Estate of Nicholas (1986) 177 Cal.App.3d 1071, 1088.)

Standard of Proof – Clear and Convincing

The “clear and convincing” standard of proof applies to the appointment of a limited conservator. (Conservatorship of B.C. (2016) 6 Cal.App.5th 1028, 1034.citing Probate Code Sec. 1801(e).) There must be "substantial evidence in support of the required finding that “[a party] lacks the capacity to perform some... of the tasks necessary to provide properly for... her own personal needs for physical health, food, clothing, or shelter, or to manage... her own financial resources.” (Id. citing Sec. 1828.5(c).) “The testimony of one witness may be sufficient to support the findings.” (Id.)

Attorney Fees

Attorney fee orders in conservatorships under the Probate Code can be requested at least 90 days after issuance of letters of conservatorship. (Probate Code Secs. 2640.1, 2642.)