Probate Conservatorship Investigations

For general conservatorship information, see www.tulare.courts.ca.gov/divisions/probate. 

Once your petition for PROBATE guardianship and related conservatorship documents are filed with the Court, you or your attorney will provide a copy of your filed documents to Family Court Services, Room 204, at the Visalia Courthouse; or provide a set to the counter clerks at the South County Justice Center, which will be routed to Family Court Services. A copy of any subsequently filed documents should be provided to Family Court Services.

CONSERVATORSHIP INVESTIGATION PROCESS:

Once the Court has ordered Family Court Services (FCS) to conduct a probate conservatorship investigation {see Probate Code Section 1820)}, your case will be assigned to a Court Investigator. The Court Investigator will be contacting the petitioners and the proposed conservatee to conduct interviews and to write a report and recommendation to the Court regarding whether it is in the proposed conservatee’ s best interest for the conservatorship to be granted, whether it is necessary or if there are alternatives to the conservatorship, and whether you are a suitable conservator/s. If you have a change in contact information, it is mandatory that you notify Family Court Services staff at (559) 730-5000, Option 6 with this updated information. You will be directed to contact the Self-Help Resource Center or your attorney to file the necessary change of contact information with the Court, and to provide FCS with a copy. If FCS staff are not able to reach you to conduct the interviews, this will delay your court process.

When the Court Investigator contacts you (the petitioner/s), the Court Investigator will ask you questions about you and your household members so that an inquiry may be made to obtain any Adult Protective Services involvement with the family. This is why the accurate and detailed information is necessary in the mandatory forms, Confidential Conservatorship Care Plan (Part 1 and Part 2).  If this information is incomplete, this may also delay your court process. In addition, the Court Investigators check local court records on the parties in the case and provide a summary of this information to the Court in a confidential report to the Court.

In addition, the Court Investigator will inquire into the status of the completion of the Mandatory Online Conservatorship Orientation video by EACH petitioner (proposed Conservator) and the completion and filing of the mandatory Declaration of Completion of Online Orientation.

After the Declaration of Completion of Online Orientation is filed with the Court, the parties shall obtain the Live Scan Fingerprint forms from the Self-Help Resource Center at either Court location. The Court Investigator will also inquire into the status of the completion of the required Live Scan Fingerprinting for EACH proposed Conservator (hyperlink to probate Background check tile in Probate Division). It can sometimes take months to receive results on parties from the Department of Justice, so it is important this is completed ASAP, otherwise it may cause a delay in the investigation. Please remember to turn in a copy of the completed Live Scan form to FCS or to the front counter at SCJC, who will forward it to FCS staff. This way we can track your results.

***Failure to complete the Mandatory Online Orientation and filing the declaration for EACH Proposed Conservator, as well as failure to complete the Live Scan process for EACH proposed Conservator is the most common reason why investigations are delayed.

Once the investigation is completed, a copy of the Conservatorship Report will be filed with the Court and mailed to the parties of record by FCS pursuant to Probate Code Section 1826(11) (California Code, PROB 1826.). If the Court assess a fee for the Court Investigation, you will be ordered to pay these fees at the time of the Court hearing. This is a separate fee than the filing fee and may be waived if a fee waiver is granted by the Court.

WHAT HAPPENS AFTER CONSERVATORSHIP IS GRANTED?

Once the conservatorship is granted, the Court will remind the Conservator/s to file with the Court any contact information changes immediately using the MC-040, referenced below. The Court will also notify the Conservator/s that they are required to complete a Confidential Conservatorship Care Plan (Part 1 and Part 2) for EACH CONSERVATEE as requested by the Court until the conservatorship is terminated. Family Court Services will mail out a blank Care Plan to the address of record for each conservatee about 60 days prior to the month the Conservatorship is granted. If this is not received timely from the Conservator/s, the matter will be set for court hearing for an order to show cause why the conservatorship should not be terminated for failure of the Conservator/s to perform the Duties of a Conservator.

Change of Contact Information:  Please complete and file the MC-040 NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION (ca.gov) and provide a copy to Family Court Services.

Care Plan: Located here : Confidential Conservatorship Care Plan (Part 1 and Part 2)

If you have been granted conservatorship of the estate, it is important to note that an Inventory and Appraisal of the estate is to be filed within 90 days of appointment, and as needed until all of the estate has been accounted for. In addition, an Accounting of the estate is to be filed within 60 days of the first-year anniversary of appointment of conservator of the estate; and every other year thereafter, unless otherwise ordered by the Court.  If the Inventory and Appraisal and Accounting is not filed as required, the matter will be placed on the court’s calendar for you to address with the Court the reasons why the Accounting was not filed. Please see the Handbook of Conservators for sample forms for completion of the mandatory forms. The Handbook does not have the most current Judicial Council forms, so it is important to look up the referenced forms here (Find Your Court Forms - forms_and_rules) to ensure you are using the latest versions of the forms.

REVIEWS OF THE CONSERVATORSHIP:

In Tulare County, and pursuant to Probate Code section 1850, the Court Investigator will make an unannounced visit to the conservatee one year after the initial appointment of the conservator, and biennially (every other year) thereafter, unless otherwise ordered by the Court. The purpose of this review is to report to the court the appropriateness of the conservatorship and whether the conservator is acting in the best interest of the conservatee regarding the conservatee’ s placement, quality of care, including physical and mental health treatment, and finances. In addition, the Court Investigator shall inquire with the conservator or conservatee whether they wish to modify or terminate the conservatorship, and whether less restrictive alternatives could be tried.

The Court Investigator will review the mandatory Confidential Conservatorship Care Plan and will contact the conservator with any updates regarding the conservatorship. If there are concerns during the investigation, and/or the Care Plan, Accounting or other documents have not been filed by the Conservator, the Court Investigator will recommend to the Court that the matter be placed on the court’s calendar for an order to show cause as to why the Conservator has failed to perform the Duties of a Conservator.  It is important these documents are filed timely to avoid any unnecessary court hearings.