Subject to Section 1800.3:
(a)A conservator of the person may be appointed for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter, except as provided for the person as described in subdivision (b) or (c) of Section 1828.5.
(b)A conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence, except as provided for that person as described in subdivision (b) or (c) of Section 1828.5. Substantial inability may not be proved solely by isolated incidents of negligence or improvidence.
(c)A conservator of the person and estate may be appointed for a person described in subdivisions (a) and (b).
(d)A limited conservator of the person or of the estate, or both, 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. The intent of the Legislature, as expressed in Section 4501 of the Welfare and Institutions Code, that developmentally disabled citizens of this state receive services resulting in more independent, productive, and normal lives is the underlying mandate of this division in its application to adults alleged to be developmentally disabled.
(e)The standard of proof for the appointment of a conservator pursuant to this section shall be clear and convincing evidence.
Notes of Decisions
Cited in
42
cases (
7 in the last 5 years), 1985–2025 · leading case:
In re James F., 174 P.3d 180 (Cal. 2008).
In re James F., 174 P.3d 180 (Cal. 2008).
· cites it 2× “" (Prob. Code, § 1801, subd. (a).) And Marcus was found mentally incompetent to stand trial in criminal proceedings either shortly before *370 or within days after the guardian ad litem appointment; thus, he met the requirements of Penal Code section 1367, which provides that a…”
In re Sara D., 87 Cal. App. 4th 661 (Cal. Ct. App. 2001).
· cites it 2× “[3] Probate Code section 1801 states, in relevant part: "(a) A conservator of the person may be appointed for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter, except as provided for the person as described…”
People v. Karriker, 149 Cal. App. 4th 763 (Cal. Ct. App. 2007).
· cites it 2× “” (Prob. Code, § 1801, subd. (a).) Unlike an LPS conservatorship, the Probate Code does not require that the proposed conservatee’s inability to care for himself or herself be the result of a mental disorder.”
Marriage of Greenway, 217 Cal. App. 4th 628 (Cal. Ct. App. 2013).
· cites it 2× “(Prob. Code, § 1801, subd. (b) [conservatorship established when person is unable to manage financial resources or resist fraud or undue influence].”
In re Christina B., 19 Cal. App. 4th 1441 (Cal. Ct. App. 1993).
· cites it 2× “The cases cited above articulate a standard which, unlike Probate Code section 1801, focuses on the ability to participate in court proceedings.”
In re Jessica G., 93 Cal. App. 4th 1180 (Cal. Ct. App. 2001).
“The bases for appointment are treated in two other statutes, Probate Code section 1801 and Penal Code section 1367.”
Golin v. Allenby, 190 Cal. App. 4th 616 (Cal. Ct. App. 2010).
“(Prob. Code, §§ 1801, 1820, subd. (a)(4).) The Golins, named as respondents and representing themselves, strenuously opposed the conservatorship and they alternatively sought an order naming themselves as Nancy’s conservators.”
In re Michael K., 185 Cal. App. 4th 1112 (Cal. Ct. App. 2010).
· cites it 2× “) The Probate Code provides for the appointment of a conservator of the person for “a person who is unable to provide properly for his or her personal needs” (Prob. Code, § 1801, subd. (a)) or a conservator of the estate “for a person who is substantially unable to manage his or…”
Contra Costa Cnty. Dep't of Child. & Fam. Servs. v. Kim S., 104 Cal. App. 4th 347 (Cal. Ct. App. 2002).
“” Probate Code section 1801 provides that a conservator may be appointed for a person who is “unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter” or is “substantially unable to manage his or her own financial resources or…”
Cnty. of Los Angeles v. Superior Court, 222 Cal. App. 4th 434 (Cal. Ct. App. 2013).
“(Prob. Code, § 1801.) Unlike for conservatorship under the LPS Act, however, probate conservatorships may be ordered upon the application of relatives or friends of the conservatee, rather than only upon the application of the public guardian.”
United States v. Fry, 70 M.J. 465 (C.A.A.F. 2012).
· cites it 2× “” Cal. Prob. Code § 1801 (d) (West 2011).9 Admittedly, the military judge may have overstated matters when he claimed that “all of the evidence” pointed in one direction.”
Cal. Probate Code § 1801(a): 1 case
Cal. Probate Code § 1801(b): 1 case
Cal. Probate Code § 1801(d): 1 case
United States v. Fry, 70 M.J. 465 (C.A.A.F. 2012).
“” Cal. Prob. Code § 1801 (d) (West 2011).9 Admittedly, the military judge may have overstated matters when he claimed that “all of the evidence” pointed in one direction.”
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