When an aging parent, a spouse, or an adult child with a disability can no longer manage personal care or finances, and planning documents are not in place or are not enough, a California probate court can appoint a conservator. We guide families through the process with care, from deciding whether a conservatorship is needed to the conservator's duties after appointment.
Types of conservatorship
- Conservatorship of the person covers decisions about health care, housing, food, clothing and personal needs.
- Conservatorship of the estate covers managing income, paying bills, protecting assets and filing accountings with the court.
- Limited conservatorship is designed for adults with developmental disabilities and gives the conservator only the specific powers the person needs.
- Temporary conservatorship can be requested when there is an urgent need while the general petition is pending.
The process
- Evaluate alternatives, such as powers of attorney, health care directives, trusts and supported decision making, which the court must consider.
- Prepare and file the petition with supporting medical information.
- Give notice to the proposed conservatee and close relatives.
- Cooperate with the court investigator, who interviews the proposed conservatee and reports to the judge.
- Attend the hearing, where the court decides whether to appoint the conservator.
- After appointment, complete required filings, inventories, care plans and accountings.
Contested matters
We also represent family members who object to a proposed conservator, seek to modify or terminate a conservatorship, or raise concerns about how a conservator is managing a loved one's care or money.
Planning ahead can make a conservatorship unnecessary. See living trusts and estate planning.
Frequently asked questions
What is the difference between a conservatorship of the person and of the estate?
A conservator of the person handles personal care, such as health care, food, clothing and residence. A conservator of the estate manages the conservatee's money and property. A court can appoint one or both.
Are there alternatives to a conservatorship?
Yes. California courts must consider less restrictive alternatives, such as a durable power of attorney, an advance health care directive, a trust, or supported decision making. A conservatorship is appropriate when those are not enough to protect the person.
How long does a conservatorship take?
A general probate conservatorship usually takes a few months from filing to appointment, because the court investigator must interview the proposed conservatee and report to the court. In an emergency, a temporary conservator can be appointed sooner.