Understanding Conservatorship
When does a conservatorship become necessary?
A conservatorship is a legal proceeding initiated when an adult can no longer make or communicate safe or sound decisions about their person and/or assets — due to dementia, mental illness, developmental disability, or other mental impairment. The individual may also have become vulnerable to fraud, undue influence, or exploitation by scam artists or identity thieves.
Conservatorship provides legal authority and court-supervised protection for adults who cannot protect themselves. When a person is unable to make informed decisions for themselves — whether about healthcare or finances — someone else must have legal authority to assume responsibility.
Types of conservatorship in California
Conservatorship of the Person
Grants authority to make personal decisions — including where the conservatee lives, with whom they associate, what medical care they receive, and their day-to-day personal needs.
Conservatorship of the Estate
Grants authority to manage financial affairs — including collecting income, paying bills, investing assets, filing tax returns, and managing property on behalf of the conservatee.
The conservatorship process
A conservatorship can only be established through a court hearing where evidence is presented that the person lacks mental capacity in some or all areas of their life. The person alleged to be incapacitated has a right to an attorney and to object to the appointment.
Once appointed, a conservator or guardian has significant powers but must report to the court regularly. They frequently must seek court permission before selling property, entering into contracts, or making major life decisions for their ward.
Conservators and guardians are typically required to post a bond, file an inventory and appraisal of the estate, and submit annual accountings of all financial activity. Courts take these obligations seriously — mismanagement can result in removal and personal liability.
Alternatives to conservatorship
Conservatorship is often avoidable with proper advance planning. A Durable Power of Attorney allows you to designate someone to manage your finances. A Healthcare Power of Attorney and Advance Directive designate a healthcare agent. A properly funded living trust with successor trustee provisions allows the trust to continue managing assets seamlessly if you become incapacitated — without court involvement.
Every adult who does not want a stranger appointed to control their life and finances should have a complete estate plan. Conservatorship proceedings are public, costly, time-consuming, and agonizing — all of which are avoidable with proper planning.
If conservatorship has already become necessary
We have substantial expertise in establishing, defending, and administering guardianships and conservatorships. Whether you need to petition the court to protect a vulnerable family member, defend against an inappropriate appointment, or navigate the administration of an existing conservatorship — LAESQUIRE can help.