Conservatorships - Transfers from California to other States and from other States to California

Relatively new legislation allows for streamlined measures for a conservatorship that is established in California may be transferred to another state.  Likewise a conservatorship established in another state may be transferred to California. 

This is a result of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act ("UAGPPJA") being accepted as part of the California Conservatorship Jurisdiction Act ("CCJA").  This legislation is effective as of January 1, 2015 to conserved individuals who are to be moved to or from California after conservatorship proceedings have begun.  The CCJA applies as of January 1, 2016, to all new petitions to establish probate conservatorships such as conservatorship of the person, conservatorship of the estate, or both, for individuals who have moved to California within six months before proceedings are initiated.

The California Probate Code has codified these laws under Probate Code sections 2001-2003.  See the link attached:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=02001-03000&file=2001-2003

             Only a conservator appointed in California may petition the Court for transfer to another state.  All persons entitled to notice in California are required to be served notice.  A hearing is then held by the court to determine if transfer will likely be accepted by the other state.   There are three things that must also be found by the Court:

1)      The conserved person is physically present in the other state or reasonably expected to move permanently to the other state.

2)      No objection to the transfer has been made.  If an objection has been made then the Court must determine the transfer would not be contrary to the interests of the conserved person.

3)      Plans for care and services for the conserved person in the other state are “reasonable and sufficient.”

The Court can thereafter make a provisional order granting a petition to transfer proceedings to another state and direct the conservator to petition the other state to accept the conservatorship.

The Court will issue a final order confirming the transfer and terminating the conservatorship upon receiving both:

1)      A provisional order accepting the transfer of the proceeding from the Court in the other state by way of orders that are similar to the requirements in Probate Code section 2002.

2)      The documents required to terminate a conservatorship in California, including, but not limited to, any required accounting.