Transfer from Other States

California does not currently have a registration to allow a conservatorship of guardianship set up in another State to be registered in California by filing of authenticated documents.

California requires the filing of a new proceeding, and all the paperwork associated with a new filing. Due process under California law requires that a Court Investigator conduct interviews with the proposed conservatee and the proposed conservator, even if another State has already determined a conservatorship is necessary. If the proposed conservatee objects, an attorney can be appointed to assist the person in opposing the conservatorship. This is true even if it is obvious that a conservatorship is appropriate. It is considered to be a matter of due process rights.

California has special rules that apply when a proposed conservatee has dementia. [California Probate Code Section 2356.5] Failure to comply with these procedures can lead to delays and extra legal fees.

It is important to obtain legal assistance from an attorney who understands interstate conservatorship issues, who can minimize the expenses associated with the legal process.

Every case has unique facts. This explanation is not a complete statement of all California laws and rules. It should not be relied upon as legal advice. Consult an experienced California attorney if you need help with this type of issue.

If you are interested in discussing an issue with Mrs. Martin, please call 650-340-1166 to schedule an appointment.

Martin Family Law Firm

If you would like to learn more, please call our office at 650-340-1166.

"Discourage litigation. Point out to your neighbor how the nominal winner is often the real loser - in fees, expense, and waste of time."
- Abraham Lincoln, 1850