When a parent or spouse starts having trouble managing money or health care, families often ask whether they need a conservatorship. Sometimes they do. Often a power of attorney is enough, as long as it was signed in time.
Power of attorney
A durable power of attorney for finances and an advance health care directive are documents a person signs while they still have capacity. They name someone they trust to act for them later. There is no court case, no court supervision, and no filing fee. The person chose their own helper.
Conservatorship
A conservatorship is a court case. A judge appoints a conservator after notice to family, an investigation, and a hearing. The conservator reports to the court, and some decisions require court approval. It is designed for situations where no valid documents exist, where someone is misusing a power of attorney, or where the person resists care they need.
Questions that point to the answer
- Did your loved one sign a power of attorney and health care directive, and do they cover what is needed now?
- Are banks and doctors accepting those documents?
- Is anyone taking advantage of your loved one, or pressuring them?
- Is your loved one refusing care, or at risk of wandering or unsafe living conditions?
If the documents exist and are working, a conservatorship may not be needed at all. If they are missing or are being misused, the court may be the safest path. See our conservatorship and estate planning pages to learn more.
This article is general information about California law, not legal advice for your situation.