Protecting Adults Who Cannot Care for Themselves
When an individual is no longer able to make safe or sound decisions regarding their personal or financial affairs, the court may appoint someone to help. This legal arrangement is called a conservatorship.
Below is a clear, accessible guide to conservatorships in California—what they are, how they’re established, and what responsibilities come with them.
What Is a Conservatorship?
A conservatorship is a legal process in which a judge appoints a person or organization—called a conservator—to manage the personal care or finances of another adult—called a conservatee—who is unable to manage on their own.
There are two main types:
- Conservator of the Person: Responsible for decisions about living arrangements, healthcare, and personal care.
- Conservator of the Estate: Handles financial matters such as income, expenses, and property management.
In some cases, one person may serve as both.
Who Can Be Appointed as a Conservator?
The court typically gives preference to a family member, but others may be appointed if needed. These include:
- Friends or extended relatives
- Licensed professional fiduciaries
- Nonprofit organizations
- County or government agencies
How Is a Conservatorship Established?
To start a conservatorship, a petition must be filed with the Superior Court. Once filed, the court will:
- Set a hearing date (usually within 30 days)
- Notify the proposed conservatee and close family
- Appoint a court investigator to assess the situation
- Ensure the conservatee has legal representation
Types of Conservatorships
Conservatorships vary depending on the conservatee’s condition and needs:
General Conservatorship
Designed for adults who cannot manage daily personal care or financial decisions due to age, illness, or injury—such as an individual with Alzheimer’s disease.
Limited Conservatorship
Applies to adults with developmental disabilities. The conservator is granted only specific powers, allowing the individual to retain as much independence as possible. The local Regional Center is involved in evaluating and recommending this type of conservatorship.
LPS Conservatorship (Lanterman-Petris-Short)
For individuals who are gravely disabled due to serious mental illness or chronic substance abuse. Usually initiated by a psychiatric facility and reviewed annually.
Powers and Duties of a Conservator
Depending on the type of conservatorship, a conservator may be responsible for:
- Choosing where the conservatee lives
- Making medical decisions
- Managing finances and paying bills
- Accessing confidential records
- Authorizing contracts or services
All decisions must be made in the conservatee’s best interest and within the powers granted by the court.
How Long Does a Conservatorship Last?
- General Conservatorship: Continues until the conservatee passes away or the court decides it’s no longer necessary.
- Limited Conservatorship: Ends upon the death of the conservator or conservatee, or by court order.
- LPS Conservatorship: Expires automatically after one year but can be renewed.
Will the Conservatee Be Informed?
Yes. The proposed conservatee must be formally notified and given the right to:
- Attend the court hearing
- Contest the conservatorship
- Be represented by an attorney (appointed by the court if necessary)
In addition, a court investigator will interview the proposed conservatee and provide the court with a report on the necessity and appropriateness of the conservatorship.
How Often Are Conservatorships Reviewed?
- LPS Conservatorships: Reviewed and renewed every year.
- General and Limited Conservatorships: Reviewed one year after establishment, then every two years.
- Conservators of the Estate: Required to submit detailed financial accountings on a regular schedule.
Responsibilities of a Conservator
As a fiduciary, the conservator is legally obligated to:
- Act in the conservatee’s best interest
- Respect the conservatee’s rights and preferences
- Provide care in the least restrictive setting possible
- Report to the court as required
A conservator is not personally responsible for paying the conservatee’s debts but may be held liable for negligence or misconduct.
What Are the Limitations of a Conservator?
Some actions are prohibited or require separate court approval:
- Sterilization of the conservatee
- Involuntary placement in a locked psychiatric facility
- Use of experimental medications or treatments (with some exceptions under LPS)
- Controlling the conservatee’s wages without specific court approval
- Major financial decisions, such as selling property, must be approved by the court
Need Help Understanding or Setting Up a Conservatorship?
We’re here to support you through every step of the process—from understanding your options to navigating the legal paperwork.
Contact us for guidance on conservatorships or referrals to legal professionals who specialize in elder law and disability rights.
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