Conservatorship in California

Protecting Vulnerable Adults Through Court-Supervised Legal Authority

When a loved one can no longer manage their personal care, medical decisions, or finances due to illness, injury, or cognitive decline, a conservatorship may become necessary.

At Elder Law Services of California, our experienced conservatorship attorneys guide families through the California court process with compassion, clarity, and efficiency. We help you protect vulnerable adults while minimizing stress, delays, and unnecessary conflict.

What Is a Conservatorship?

A conservatorship is a court-supervised legal arrangement in which a judge appoints a responsible person (the conservator) to manage the personal care and/or financial affairs of another adult (the conservatee) who is unable to do so independently.

Conservatorships are often needed when:

• An elderly parent has advanced dementia or Alzheimer’s disease
• A stroke or brain injury has impaired decision-making ability
• There is no valid Power of Attorney in place
• Financial exploitation or undue influence is suspected
• A vulnerable adult is at risk of harm

Because conservatorships remove certain legal rights, California courts carefully review every petition. Proper preparation and legal strategy are critical.

Types of Conservatorships in California

Conservatorship of the Person

Allows the conservator to make decisions regarding:

• Medical treatment
• Living arrangements
• Daily care and supervision

Conservatorship of the Estate

Allows the conservator to manage:

• Bank accounts
• Real estate
• Investments
• Bills and financial obligations

Limited Conservatorship

Typically used for adults with developmental disabilities who need assistance in specific areas but can retain some independence.

Temporary Conservatorship

Used in urgent situations when immediate protection is required before a full hearing.

When Is a Conservatorship Necessary?

Conservatorship is often a last resort. If your loved one signed valid legal documents such as:

• A Durable Power of Attorney
• An Advance Health Care Directive
• A Living Trust

…a conservatorship may not be required.

However, if no valid documents exist — or if the existing documents are being challenged — court intervention may be necessary to prevent financial loss, neglect, or abuse.

We help families evaluate all options before proceeding.

The Conservatorship Process in California

The process typically includes:

1. Filing a petition with the Superior Court
2. Providing notice to family members
3. Court investigator review
4. Medical capacity evaluation
5. Court hearing
6. Ongoing court supervision and reporting

Conservators must comply with strict legal duties and reporting requirements. Errors can result in personal liability.

Our firm assists with:

• Preparing and filing petitions
• Representing you at court hearings
• Responding to objections
• Advising conservators on fiduciary responsibilities
• Managing accountings and compliance

Avoiding Conservatorship Through Proactive Planning

The best way to avoid the cost and complexity of conservatorship is proactive estate and incapacity planning.

If you or a loved one still has legal capacity, we can prepare:

• Powers of Attorney
• Advance Health Care Directives
• Revocable Living Trusts

Proper planning can protect your family from court involvement.

Frequently Asked Questions About Conservatorship