Home / Conservatorship
Conservatorship attorney · Southern CaliforniaConservatorship for an adult who can no longer manage alone
When a parent, spouse, or adult child can't safely handle their care or finances, a California conservatorship lets the court appoint someone to help, with the court supervising along the way.
What a conservatorship is
A conservatorship is a court case in which a judge appoints a responsible person, the conservator, to care for another adult, the conservatee. It is used when the adult cannot provide for their own personal needs, cannot manage their financial resources, or cannot resist fraud or undue influence.
Because a conservatorship takes away important rights, the court requires clear and convincing evidence and looks carefully at whether something less restrictive would work.
Conservatorship of the person and of the estate
- Conservatorship of the person covers day-to-day care: where the conservatee lives, health care, food, clothing, and personal needs.
- Conservatorship of the estate covers money and property: paying bills, managing accounts and real estate, collecting income, and protecting assets from people who would take advantage.
A family can ask for one or both, depending on what the person needs.
Types of conservatorship
- General conservatorship is most often used for older adults with dementia, a stroke, or another condition that affects decision-making.
- Limited conservatorship is for adults with developmental disabilities. The court grants only the specific powers the person needs. Read about limited conservatorship.
- Temporary conservatorship can be requested when there is an urgent need to protect someone's health or finances while the main petition is pending.
For an older adult with major neurocognitive disorder (dementia), the court may also grant special authority to place them in a secured memory-care setting or to consent to certain medications.
Alternatives come first. California law now requires a petition to explain which less restrictive alternatives were considered, including supported decision-making, powers of attorney, and advance health care directives, and why they are not enough. We look at those options with you before recommending a court case.
The conservatorship process
- PetitionThe petition and supporting Judicial Council forms are filed with the probate court, along with a capacity declaration from a physician when appropriate.
- NoticeThe proposed conservatee is personally served, and close relatives receive notice of the hearing.
- Court investigationA court investigator meets the proposed conservatee, explains their rights, and reports to the judge. The court may appoint an attorney to represent the proposed conservatee.
- HearingThe judge reviews the evidence, hears any objections, and decides whether to appoint a conservator and which powers to grant.
- Letters of conservatorshipOnce the order is signed and any bond is posted, the court issues letters. Banks, doctors, and agencies rely on these as proof of authority.
After appointment: the conservator's duties
- File an acknowledgment of the conservator's duties and complete any required education.
- For a conservator of the person, file a care plan describing the conservatee's living situation, care, and goals.
- For a conservator of the estate, file an inventory and appraisal of assets and keep the conservatee's money separate from your own.
- File periodic accountings with the court and cooperate with the court investigator's periodic reviews.
We help conservators meet these deadlines so the conservatorship stays in good standing.
Changing or ending a conservatorship
A conservatorship is not necessarily permanent. If the conservatee's condition improves, or a different arrangement would work better, the court can modify the conservator's powers, appoint a successor, or terminate the conservatorship.
Frequently asked questions
How long does a conservatorship take?
Timing depends on the court's calendar, the investigator's schedule, and whether anyone objects. Uncontested cases are often resolved in a few months. A temporary conservatorship can be put in place much sooner when there is an emergency.
Who can be a conservator?
Usually a spouse, adult child, parent, sibling, or other relative. A friend or a licensed professional fiduciary may also serve. The court considers the proposed conservatee's own wishes and what is in their best interest.
Can my parent object?
Yes. The proposed conservatee has the right to attend the hearing, to be represented by an attorney, and to oppose the conservatorship or the choice of conservator.
Is a power of attorney enough?
Often it is, if your parent signed one while they still had capacity and it covers what is needed. A conservatorship is usually needed when there are no valid documents, when someone is misusing a power of attorney, or when the person resists necessary care.