Section 1801 Of Article 1. Persons For Whom Conservator May Be Appointed From California Probate Code >> Division 4. >> Part 3. >> Chapter 1. >> Article 1.
1801
. Subject to Section 1800.3:
(a) A conservator of the person may be appointed for a person who
is unable to provide properly for his or her personal needs for
physical health, food, clothing, or shelter, except as provided for
the person as described in subdivision (b) or (c) of Section 1828.5.
(b) A conservator of the estate may be appointed for a person who
is substantially unable to manage his or her own financial resources
or resist fraud or undue influence, except as provided for that
person as described in subdivision (b) or (c) of Section 1828.5.
Substantial inability may not be proved solely by isolated incidents
of negligence or improvidence.
(c) A conservator of the person and estate may be appointed for a
person described in subdivisions (a) and (b).
(d) A limited conservator of the person or of the estate, or both,
may be appointed for a developmentally disabled adult. A limited
conservatorship may be utilized only as necessary to promote and
protect the well-being of the individual, shall be designed to
encourage the development of maximum self-reliance and independence
of the individual, and shall be ordered only to the extent
necessitated by the individual's proven mental and adaptive
limitations. The conservatee of the limited conservator shall not be
presumed to be incompetent and shall retain all legal and civil
rights except those which by court order have been designated as
legal disabilities and have been specifically granted to the limited
conservator. The intent of the Legislature, as expressed in Section
4501 of the Welfare and Institutions Code, that developmentally
disabled citizens of this state receive services resulting in more
independent, productive, and normal lives is the underlying mandate
of this division in its application to adults alleged to be
developmentally disabled.
(e) The standard of proof for the appointment of a conservator
pursuant to this section shall be clear and convincing evidence.