There comes a time where an individual may no longer be able to reliably handle their own finances or make decisions that are in their best interest. Because of this, people are allowed to legally enlist someone to serve as a conservator or guardian. As discussed previously, a conservator is an individual appointed by the court to manage an individual’s finances. A guardian is an individual appointed by the court to make decisions based on the best interests of an individual in need of a guardian. As mentioned, to become a guardian or conservator, one must be appointed by the court. This means that there will be a background check in each candidate presented before the court. It includes criminal background checks.
The reason this is done is to determine the “suitability” to serve as a conservator or guardian. There’s particular verbiage which implicates that if an individual is deemed “unsuitable,” then that individual may not be able to be appointed. The decision on who is suitable and who isn’t is made by the court, as you would expect. If you find yourself in this situation, you’ll need to have a criminal background authorization form. Many counties, like Oakland, have the forms on their website. A quick Google of your county and criminal history authorization form should yield the document you need. With the form in hand, the court will then run through the criminal background check. The goal, as previously stated, is to determine if an individual with a criminal background can be deemed suitable or not. If they are determined suitable, congratulations! However, there’s always the chance that the court can reject the nomination of the individual under a criminal background check. If that’s the case, the court will appoint a family member or professional fiduciary, should there not be an eligible family member.
For those interested in filing for guardianship or conservatorship, we can help you. Our team of attorneys and support staff are here to help you through this time. Give us a call at (877)-YOUR-FIRM.