Can I be a loved one’s conservator if i have a criminal record?

Though the law is silent on how a person’s criminal record could affect their petition for conservatorship, the Probate Code gives the court discretion to remove an established conservator who has a felony conviction, regardless of whether the conviction occurred before or after their conservatorship began.[2428] The local court rules concerning conservators’ criminal records are more restrictive in some areas than others.[2429] If you have been denied appointment or removed as a loved one’s conservator due to your criminal record, call Root & Rebound’s Reentry Legal Hotline to speak to a lawyer about your options.

FREE RESOURCEThe following guide contains more information on probate conservatorships:

    Handbook for Conservators, by the Judicial Council of California – http://www.courts.ca.gov/documents/handbook.pdf
  1. 2428

    Cal. Prob. Code § 2650(d). ↑

  2. 2429

    For example, see Central Cal. Local Court Rule 7.8.7, “Background check/electronic fingerprint scan,” requiring local Sherriff’s Department to obtain criminal record information for proposed conservators in Madera County. By contrast, Orange County court personnel do not order criminal background checks as part of their investigations of prospective conservators (see http://www.ocgrandjury.org/pdfs/GJProbateCons.pdf p. 2.) ↑