If you’re a California resident navigating conservatorship proceedings—or worried about protecting a vulnerable family member’s legal rights—a landmark 2020 Fifth District Court of Appeal ruling has clarified critical protections that could directly impact your case.
Who This Ruling Protects
This decision matters to:
What Happened in Conservatorship of A.E.
In this case, A.E. was hospitalized for psychiatric evaluation and a temporary conservatorship was established on an ex parte basis (without A.E. being present).The situation revealed significant due process violations:
A.E.’s legal team argued that these delays deprived their client of liberty without due process—a fundamental constitutional protection.
The Court’s Groundbreaking Decision
The Fifth District Court of Appeal issued clear mandates that now protect all California conservatees:
The court found that relying on notices stating hearings would occur “about six weeks” from appointment constituted an abuse of discretion.This ruling establishes that proposed conservatees have an absolute right to prompt judicial review when their liberty is at stake.
How Does This Affect California Families Today?
If you’re facing conservatorship proceedings in California, this ruling provides critical protections:
Common Questions California Residents Ask About Conservatorships
What is an ex parte conservatorship appointment?
An ex parte appointment occurs when a court establishes a temporary conservatorship without the proposed conservatee being present—typically in emergency situations. While sometimes necessary, this ruling ensures these appointments don’t bypass constitutional protections.
How long can a temporary conservatorship last?
After this ruling, temporary conservatorships face much shorter timelines before judicial review. Courts must schedule hearings on the first available date after appointing counsel—typically within a few days.
What if my family member can’t afford an attorney?
California law requires the court to appoint counsel immediately, regardless of ability to pay. This is a mandatory protection, not an optional one.
Can I avoid conservatorship proceedings altogether?
Yes. Proactive estate planning with advance healthcare directives, financial powers of attorney, and revocable living trusts can help your family avoid court intervention entirely by establishing clear decision-making authority in advance.
Why Transparency and Legal Expertise Matter in Conservatorship Cases
Conservatorship proceedings involve some of the most consequential decisions families face—determining who controls healthcare decisions, financial assets, and personal autonomy for vulnerable loved ones. The complexity of California conservatorship law, combined with the emotional weight of these situations, makes experienced legal guidance essential.
California Probate & Trust, PC has represented thousands of California families through conservatorship proceedings, probate administration, and comprehensive estate planning from offices in Sacramento, Fair Oaks, and San Francisco. Our attorneys understand both the legal frameworks established by cases like Conservatorship of A.E. and the family dynamics that make each situation unique.
Protect Your Family’s Rights: Take Action Today
Whether you’re currently navigating conservatorship proceedings or want to establish protections before a crisis occurs, California Probate & Trust, PC offers free consultations to help California residents understand their options.
Schedule your free consultation:
Our experienced estate planning attorneys will walk you through your needs, explain the scope of available protections, and develop a plan that fits your budget and family situation.
Case Reference Information
Legal Disclaimer
This article provides general information about California conservatorship law and does not constitute legal advice. The information presented is based on the Conservatorship of A.E. court decision and current California statutes as of the publication date. Legal requirements and interpretations may change over time. Every conservatorship situation involves unique facts and circumstances that require individualized legal analysis. Do not rely on this article as a substitute for consultation with a qualified California estate planning or conservatorship attorney. California Probate & Trust, PC offers free consultations to discuss your specific situation and provide personalized legal guidance tailored to your family’s needs.