County of Marin Health and Human Services

Who may act as a Conservator?

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Answer: 

The selection of a conservator is in the hands of the court, which is guided in its selection process by what appears to be in the best interest of the proposed conservatee. This means that a conservator may end up being a relative, friend, interested third party, organization or the Public Guardian.

In cases where a relative, friend, third party or organization is willing and qualified to act as a conservator, that person or representative of the organization is advised to contact an attorney for information and assistance in petitioning the court for appointment as the conservator.

If a relative, friend or interested third party or organization is willing to act as the conservator, the following steps are advised:

  • Contact an attorney. (The Public Guardian cannot give legal advice or bring a petition for a conservatorship on behalf of a family member or friend.) The Marin County Bar Association provides a lawyer referral service that can assist in locating an attorney www.marinbar.org/resources/lawyer-referral-service.
  • Formulate a care plan that addresses the personal care needs of food, clothing and shelter for the conservatee.
  • Formulate a care plan for handling the conservatee's finances and protecting his or her assets.