What Is a Conservatorship in California?

A conservatorship is a court process where a judge appoints a responsible person or organization (the conservator) to manage the personal care, financial affairs, or both, of an adult who can no longer safely do so on their own (the conservatee).

Conservatorships are commonly used when an adult becomes incapacitated due to conditions such as Alzheimer’s disease, dementia, stroke, or serious illness.

Conservatorship vs. Guardianship: What’s the Difference?

A conservatorship applies to adults, while a guardianship applies to children under 18.
Both involve court oversight, but conservatorships focus on protecting vulnerable adults who have lost decision-making capacity.

Can a Power of Attorney Replace a Conservatorship?

Sometimes—but not always.

A valid power of attorney may avoid the need for a conservatorship only if the document was signed while the individual had full mental capacity and third parties accept it.

Banks, medical providers, and financial institutions are not legally required to honor a power of attorney. If authority is challenged or denied, a conservatorship may become necessary. Once a court appoints a conservator, any prior power of attorney is typically suspended.

When Is a Conservatorship Necessary?

A conservatorship may be required when an adult can no longer:

• Understand financial decisions
• Manage bills or property
• Make informed medical or personal care choices
• Protect themselves from harm or exploitation

Medical evaluations—often from one or more physicians—are commonly required to establish incapacity.

What Are a Conservator’s Responsibilities?

A conservator’s duties may include:

• Managing bank accounts, investments, and property
• Paying medical, housing, and care facility expenses
• Purchasing necessities for the conservatee
• Paying bills, mortgages, and property taxes
• Maintaining and protecting real estate and assets

All actions are subject to court supervision and approval.

Do You Need a Conservatorship?

If you are caring for a loved one who can no longer manage their affairs, a conservatorship may provide the legal authority and protection needed to act in their best interests—while ensuring oversight and accountability.

Frequently Asked Questions About Conservatorships in California