California Conservatorship: A Complete Guide for Families

When your parent can no longer manage their finances, make medical decisions, or care for themselves safely, you face one of the most difficult decisions families encounter: whether to pursue a conservatorship. It's an emotionally charged situation that brings up feelings of guilt, grief, and uncertainty about doing the right thing.

As a Glendale conservatorship attorney who has guided hundreds of families through this process, I understand how overwhelming this can be. You're trying to protect someone you love while respecting their dignity and autonomy. The legal system can seem intimidating, and the costs are concerning. You may wonder if there's a better way.

In this comprehensive guide, I'll walk you through everything you need to know about California conservatorships: what they are, when they're necessary, how the process works, what alternatives exist, and how to make the best decisions for your family's unique situation.

What Is a Conservatorship in California?

A conservatorship is a court proceeding where a judge appoints a responsible person or organization (the "conservator") to care for another adult (the "conservatee") who cannot care for themselves or manage their own finances.

The Legal Framework

California conservatorships are governed by the California Probate Code, starting at Section 1800. The process takes place in the probate court of the county where the proposed conservatee lives.

Key Principle: Conservatorship is considered a last resort under California law. Courts must find that no less restrictive alternative exists before appointing a conservator. The law presumes that adults have the capacity to make their own decisions unless proven otherwise.

Two Types of Authority

California conservatorships grant two distinct types of authority:

1. Conservator of the Person Authority to make decisions about the conservatee's:

• Medical care and treatment
• Living arrangements (where they live)
• Food, clothing, and personal care
• Social activities and relationships
• Education or training

2. Conservator of the Estate Authority to manage the conservatee's:

• Bank accounts and investments
• Real estate and property
• Income (Social Security, pensions, etc.)
• Bills and debts
• Tax returns
• Legal matters

Important: You can be appointed as conservator of the person, the estate, or both. Many families need both types of authority.

Who Can Become a Conservator?

Priority Under California Law:

1. Spouse or domestic partner
2. Adult child
3. Parent
4. Sibling
5. Any other adult suitable for the position

The court considers:

• Relationship to the conservatee
• Ability to handle the responsibilities
• Any conflicts of interest
• The conservatee's preferences (if they can express them)
• Geographic proximity

Professional Conservators: In some cases, the court appoints a professional or public conservator—typically when there's no suitable family member or when family members disagree.

Types of California Conservatorships

California law recognizes several types of conservatorships for different situations:

1. General Conservatorship (Probate Conservatorship)

For: Adults (18+) who cannot care for themselves due to:

• Dementia or Alzheimer's disease
• Developmental disabilities
• Brain injury
• Stroke
• Advanced age with declining capacity

Most Common Type: This is what most families deal with when a parent or elderly relative needs help.

Process: Standard conservatorship petition through probate court.

Duration: Ongoing until the conservatee recovers capacity (rare) or dies.

2. Limited Conservatorship

For: Adults with developmental disabilities who need some assistance but can handle certain aspects of their life independently.

Philosophy: Provides help where needed while maximizing independence and self-reliance.

Example: An adult with Down syndrome who can work and make some decisions but needs help managing finances and major medical decisions.

Special Considerations:

• Regional centers often involved
• Focus on least restrictive alternative
• Conservatee retains maximum rights possible
• Regular review of whether conservatorship still needed

3. LPS Conservatorship (Lanterman-Petris-Short)

For: Adults who are "gravely disabled" due to mental illness and cannot provide for their basic needs for food, clothing, or shelter.

Named After: The Lanterman-Petris-Short Act (1967)

Common Situations:

• Severe schizophrenia
• Bipolar disorder with psychosis
• Major depression with inability to function
• Other serious mental illness

Key Differences from General Conservatorship:

• Shorter duration (initially one year, renewable)
• More rigorous standards
• Greater focus on mental health treatment
• Often initiated by public agencies
• May include authority to require medication

Process: Typically involves psychiatric evaluations, public defender appointment, and court investigation.

4. Temporary Conservatorship

For: Emergency situations where someone needs immediate protection.

Duration: 30-60 days maximum

When Used:

• Person in immediate danger
• Financial exploitation occurring now
• Medical emergency requiring immediate decisions
• Permanent conservatorship being pursued but takes time

Requirements: Must show urgent need and harm will occur without immediate action.

Example: Your mother with dementia is being financially exploited by a "new friend," and money is being withdrawn daily. A temporary conservatorship can freeze accounts immediately while the permanent conservatorship proceeds.

When Is Conservatorship Necessary?

Conservatorship is a drastic step that removes fundamental rights from an adult. It should only be pursued when truly necessary.

Signs Your Loved One May Need a Conservatorship

Medical/Cognitive Issues:

• Diagnosed with moderate to severe dementia
• Cannot recognize family members or understand their situation
• Wandering and getting lost repeatedly
• Forgetting to eat, take medications, or maintain hygiene
• Cannot communicate basic needs
• Repeated medical emergencies from neglect of care

Financial Warning Signs:

• Writing checks to strangers or scammers
• Giving away large sums inappropriately
• Bills not being paid (utilities shut off, foreclosure notices)
• Evidence of financial exploitation
• Cannot manage bank accounts or understand money
• Signing documents they don't understand
• Multiple credit cards maxed out they don't remember opening

Safety Concerns:

• Leaving stove on repeatedly (fire danger)
• Falling frequently and not seeking help
• Driving dangerously but refusing to stop
• Allowing unsafe people into their home
• Not taking essential medications
• Living in dangerous, unsanitary conditions
• Vulnerable to physical or financial abuse

Refusing Necessary Help:

• Needs 24/7 care but refuses assistance
• Refuses to move from unsafe living situation
• Won't allow family to help with finances
• Rejecting essential medical treatment
• Isolation from family and support systems

Important: The person must lack capacity to understand their situation. If someone has capacity but makes choices you disagree with, that's not grounds for conservatorship. Adults have the right to make unwise decisions.

When Conservatorship Is NOT Appropriate

Don't pursue conservatorship if:

• Person has capacity but makes "bad" choices
• Family members disagree on care decisions
• Person simply needs assistance (not total incapacity)
• Alternative solutions haven't been tried
• Person would cooperate with less restrictive alternatives
• Motivation is to control inheritance or assets
• You just want to "protect" assets from nursing home costs

Real Case: A family petitioned for conservatorship because their 78-year-old mother wanted to date a man they didn't approve of. The court denied the petition—she had full capacity; they just disagreed with her choice. Adults have the right to make choices others think are foolish.

Alternatives to Conservatorship

Before pursuing conservatorship, California law requires considering less restrictive alternatives. Often, these alternatives are sufficient and avoid the time, cost, and loss of rights associated with conservatorship.

1. Durable Power of Attorney for Finances

What It Is: A legal document where a person (the "principal") gives someone else (the "agent" or "attorney-in-fact") authority to manage their finances.

When It Works:

• Person still has capacity to sign the document
• Person trusts the agent and willingly grants authority
• Person understands what they're signing

Advantages:

• No court involvement
• Inexpensive ($200-$500 with attorney)
• Immediate authority
• Private (not public record)
• Can be very broad or limited
• Revocable if principal has capacity

Limitations:

• Must be signed while person has capacity
• Some institutions may not honor it
• No court oversight (agent could abuse power)
• Doesn't provide authority over medical decisions

Why It's Not Always Enough: If your parent has dementia and never signed a power of attorney, it's too late. They lack capacity to sign now. That's when conservatorship becomes necessary.

2. Advance Health Care Directive

What It Is: Document appointing an agent to make medical decisions if the person becomes incapacitated.

Includes:

• Designation of health care agent
• HIPAA authorization (access to medical records)
• End-of-life wishes
• Preferences about treatment

When It Works: Like power of attorney, the person must have capacity when signing.

Limitations: Only covers medical decisions, not finances or living arrangements.

3. Representative Payee (Social Security)

What It Is: Social Security Administration appoints someone to receive and manage Social Security/SSI benefits on behalf of someone who cannot manage them.

Process:

• Apply through Social Security Administration
• Provide evidence person cannot manage benefits
• SSA conducts evaluation
• If approved, checks come in representative's name

Advantages:

• No court involvement
• Free process
• Provides oversight of Social Security funds
• Less restrictive than conservatorship

Limitations:

• Only covers Social Security benefits
• Doesn't provide authority over other assets or decisions
• May not be enough if person has significant other assets

4. Revocable Living Trust

What It Is: Person creates a trust during their lifetime, transfers assets to it, and names a successor trustee to manage if they become incapacitated.

When It Works:

• Must be created while person has capacity
• Person must transfer assets into the trust
• Works seamlessly if person becomes incapacitated

Advantages:

• Successor trustee steps in automatically
• No court conservatorship needed
• Privacy maintained
• Detailed instructions can be included
• Protects assets from probate

Limitations:

• Only works for assets in the trust
• Doesn't provide authority over medical decisions
• Doesn't help if trust never created or funded
• Too late if person already lacks capacity

This Is Why Planning Ahead Matters: A properly structured trust and powers of attorney can eliminate the need for conservatorship entirely.

5. Supported Decision-Making Agreements

What It Is: A newer alternative where the person with diminished capacity formally designates supporters to help them make decisions, while retaining final decision-making authority.

Philosophy: Emphasizes autonomy and self-determination over guardianship.

Status in California: Not yet formalized by statute but gaining recognition. Some courts accept these agreements as evidence of a less restrictive alternative.

Best For: People with developmental disabilities or mild cognitive impairment who need help understanding options but can make their own choices with support.

6. Case Management and Social Services

What It Is: Professional case managers or social service agencies provide oversight and assistance.

Services May Include:

• Daily money management
• Bill paying services
• Care coordination
• Meal delivery
• Transportation
• Home health aides
• Adult day programs

When It Works: Person cooperates with services and doesn't need someone with legal authority to force care.

Resources:

• Area Agency on Aging
• In-Home Supportive Services (IHSS)
• Elder care case managers
• Veterans services (if applicable)

The California Conservatorship Process: Step by Step

If you've determined conservatorship is necessary, here's what to expect. The process is detailed and can feel overwhelming, but understanding each step helps.

Step 1: Consult with a Conservatorship Attorney

Why This Is Essential: Conservatorship petitions are complex legal documents. Mistakes can delay the process months or result in denial. An experienced attorney:

• Evaluates whether conservatorship is truly needed
• Explains alternatives
• Prepares all legal documents correctly
• Represents you in court
• Navigates objections or disputes

Initial Consultation: Discuss your situation, the person's condition, family dynamics, and what authority you need.

Step 2: File the Petition

Your attorney prepares and files several documents with the probate court:

Required Documents:

1. Petition for Appointment of Conservator - Detailed form explaining why conservatorship is needed
2. Confidential Supplemental Information - Private information about the proposed conservatee
3. Order Appointing Court Investigator - Court assigns an investigator
4. Citation - Legal notice to the proposed conservatee and family
5. Duties of Conservator - Form acknowledging responsibilities
6. Declaration of Dementia (if applicable) - Medical evidence

Filing Fee: $435 in Los Angeles County (as of 2025)

Timeline: Once filed, the court sets a hearing date typically 60-90 days out.

Step 3: Medical Evaluation

Requirement: A physician, psychologist, or religious practitioner must examine the proposed conservatee and submit a report.

The Capacity Declaration Must Be Filed Within 15 Days of Hearing

Report Includes:

• Diagnosis
• Description of functional limitations
• Whether person can handle finances
• Whether person can make medical decisions
• Whether person understands the conservatorship
• Prognosis and whether condition is permanent
• Medications

Who Pays: The proposed conservatee's estate typically pays, unless they can't afford it.

Common Scenario: Your mother's longtime doctor examines her, documents her dementia, and provides the report explaining she cannot manage her affairs.

Step 4: Court Investigation

What Happens: The court appoints an investigator (usually a court employee or attorney) to:

• Interview the proposed conservatee
• Visit them in person
• Review the petition and medical evidence
• Interview family members
• Assess the proposed conservator's suitability
• Investigate for any signs of abuse or undue influence
• Determine if alternatives were considered

Investigator's Report: Filed with the court before the hearing, includes recommendation whether conservatorship should be granted.

Cost: $1,000-$2,000 paid by the petitioner (usually reimbursed from conservatee's estate).

Step 5: Notice to Relatives

Legal Requirement: The proposed conservatee's relatives must be notified of the proceeding.

Who Gets Noticed:

• Spouse or domestic partner
• Children
• Parents
• Siblings
• Grandchildren (if children deceased)

How Notice Is Given:

• Personal service by process server or
• Certified mail

Why This Matters: Family members have the right to object or contest the conservatorship.

Family Disputes: If family members disagree about the conservatorship or who should serve as conservator, the process becomes contested and significantly more expensive and time-consuming.

Step 6: Legal Representation for Proposed Conservatee

Mandatory Appointment: If the proposed conservatee cannot afford an attorney, the court appoints one at no cost.

Role: The court-appointed attorney:

• Meets with the proposed conservatee
• Explains the proceeding
• Advocates for their wishes (if they can express them)
• Ensures their rights are protected
• May object if conservatorship isn't appropriate

Your Parent's Voice: Even if your parent has dementia, the attorney must meet with them and report their preferences to the court.

Step 7: The Court Hearing

What Happens: Everyone goes to court:

• You (proposed conservator)
• Your attorney
• Court investigator (usually)
• Proposed conservatee (if able to attend)
• Court-appointed attorney for proposed conservatee
• Any objecting family members
• Judge

Testimony and Evidence:

• You testify about why conservatorship is needed
• Medical evidence is presented
• Court investigator presents findings
• Proposed conservatee can speak (if able)
• Objections are heard

The Judge's Decision: The judge determines:

1. Does the proposed conservatee lack capacity?
2. Is conservatorship the least restrictive alternative?
3. Is the proposed conservator suitable?
4. What powers should be granted?

Possible Outcomes:

• Conservatorship granted as requested
• Limited conservatorship granted (less than full powers)
• Conservatorship denied (alternatives ordered)
• Continued hearing (more information needed)

Step 8: Letters of Conservatorship

If Granted: The court issues "Letters of Conservatorship"—your official authority to act.

What Letters Provide:

• Proof of your authority
• Accepted by banks, medical providers, etc.
• Valid until conservatorship ends

Certified Copies: You'll need multiple certified copies to conduct business on conservatee's behalf ($25-$40 per copy).

Step 9: Post-Appointment Requirements

Inventory and Appraisal (Conservator of Estate): Within 90 days of appointment, you must file a complete inventory listing all the conservatee's assets and their values.

Care Plan (Conservator of Person): Some courts require a care plan describing where conservatee will live and what services they need.

Bond: The court may require you to obtain a bond (insurance policy protecting conservatee's assets). Cost: 0.5-1% of estate value annually.

Timeline for California Conservatorship

Realistic Timeline in Los Angeles County:

Stage	Timeframe
Prepare and file petition	1-2 weeks
Court sets hearing date	60-90 days out
Medical evaluation obtained	Within that 60-90 days
Court investigation conducted	30-45 days before hearing
Notice sent to relatives	15 days before hearing
Court hearing	Scheduled date
Letters issued (if granted)	Same day or within days

Total Time: 3-5 months minimum for uncontested conservatorships in LA County

Contested Cases: 6-18+ months if family disputes or objections

Temporary Conservatorship: Can be obtained in 5-10 days in emergency situations

Cost of Conservatorship in California

Conservatorship is expensive. Families are often shocked by the costs.

Initial Costs to Establish Conservatorship

Attorney Fees: $5,000-$10,000 for uncontested cases

• Higher if contested or complex

Court Filing Fee: $435

Court Investigation Fee: $1,000-$2,000

Medical Evaluation: $300-$1,000

Service of Process: $100-$300

Bond Premium (if required): $500-$2,000+ annually

Certified Copies of Letters: $100-$200

Total Initial Cost: $7,500-$15,000 for straightforward cases

Contested Cases: $20,000-$50,000+ if family members dispute

Ongoing Annual Costs

Bond Premium: $500-$2,000+ annually

Accounting Preparation: $1,000-$3,000 annually (if you hire an accountant)

Attorney Fees for Court Appearances: $500-$2,000 per appearance

Court Filing Fees: $50-$200 annually

Conservatee's Attorney: Ongoing for some conservatorships

Total Annual Cost: $2,000-$8,000+ per year

Who Pays?

General Rule: The conservatee's estate pays all conservatorship costs.

Exception: If the conservatee has no money, the petitioner may have to pay costs upfront and may not be reimbursed.

Court Approval: All fees paid from conservatee's estate must be approved by the court.

Cost Comparison: A properly structured estate plan with trust and powers of attorney costs $3,000-$5,000 upfront and eliminates the need for conservatorship entirely—saving $10,000+ and preserving your loved one's autonomy.

Duties and Responsibilities of a Conservator

Being appointed conservator is a serious responsibility. You become a fiduciary—someone held to the highest standard of care under the law.

Duties of Conservator of the Person

1. Provide for Basic Needs

• Arrange suitable living arrangements
• Ensure adequate food, clothing, shelter
• Maintain personal hygiene and grooming
• Provide social activities appropriate to the conservatee

2. Medical Care

• Make medical decisions
• Ensure proper health care
• Attend medical appointments
• Communicate with doctors
• Manage medications

3. Protect from Harm

• Keep conservatee safe
• Prevent exploitation
• Monitor caregivers
• Report abuse to authorities

4. Maximize Independence

• Encourage self-sufficiency where possible
• Involve conservatee in decisions to extent possible
• Respect conservatee's preferences
• Use least restrictive means

5. Visit Regularly The law requires personal contact. You can't just hire caregivers and disappear.

6. File Status Reports Report to court on conservatee's condition and care (annually or as ordered).

Duties of Conservator of the Estate

1. Manage Assets Prudently

• Invest conservatively
• Avoid conflicts of interest
• Keep detailed records
• Don't commingle funds

2. Pay Bills and Debts

• Utilities, mortgage/rent, insurance
• Medical expenses
• Taxes
• Creditors

3. Collect Income

• Social Security, pensions
• Investment income
• Rent from properties

4. File Tax Returns Prepare and file conservatee's income tax returns.

5. Maintain Detailed Records Every dollar in and out must be documented.

6. File Annual Accountings Detailed financial report submitted to court annually showing:

• All income received
• All expenditures made
• Current assets and values
• Bank statements and receipts

7. Seek Court Approval for Major Transactions Must petition court for permission to:

• Sell real estate
• Make substantial gifts
• Invest in certain assets
• Pay fees to conservator or attorney
• Move conservatee out of California

8. Avoid Self-Dealing Cannot:

• Borrow from conservatee's funds
• Buy conservatee's assets for yourself
• Hire yourself for paid services
• Use conservatee's property personally
• Make gifts to yourself

Penalties for Breach of Duty

Civil Liability: If you breach your duties, you can be sued for damages (called "surcharging").

Removal: The court can remove you as conservator if you fail to perform duties properly.

Criminal Liability: Financial elder abuse or embezzlement of conservatee's funds is a crime in California (Penal Code 368).

Rights Retained by the Conservatee

Even under conservatorship, the conservatee retains certain rights unless the court specifically removes them.

Rights That Remain Unless Removed

1. Right to Marry or Divorce Conservatee can marry unless court specifically removes this right.

2. Right to Vote Cannot be removed unless conservatee is "unable to complete an affidavit of voter registration" (rare).

3. Right to Make a Will Conservatee can make or change a will if they have testamentary capacity at the time.

4. Right to Control Personal Relationships Can choose friends, visitors (unless dangerous).

5. Right to Give Gifts Small personal gifts may be allowed.

6. Right to Receive Mail Cannot be restricted without good cause and court order.

7. Right to Privacy Medical information, personal matters remain private.

Rights That Are Limited

Financial Control: Conservator manages finances; conservatee cannot access bank accounts or make purchases independently.

Living Arrangements: Conservator decides where conservatee lives (home, assisted living, skilled nursing).

Medical Decisions: Conservator consents to medical treatment.

Contracts: Conservatee generally cannot enter binding contracts.

Special Protections in California

Right to Counsel: Conservatee entitled to attorney at conservatee's expense or court-appointed if can't afford.

Annual Review: Court reviews conservatorship annually.

Right to Object: Conservatee can petition court to:

• End the conservatorship
• Modify its terms
• Remove the conservator
• Replace the conservator

Court Investigator: Investigates at establishment and sometimes ongoing to ensure conservatee's welfare.

Ending a Conservatorship

Conservatorships end in three ways:

1. Conservatee Dies

Process:

• Conservator files final accounting
• Court reviews and approves
• Assets distributed per conservatee's will/trust or intestate succession
• Conservatorship closes

Timeline: 2-4 months after death for final accounting and closure.

2. Conservatee Regains Capacity

Rare But Possible:

• Recovery from temporary condition (brain injury, mental health crisis)
• Medical treatment restores capacity

Process:

• Petition to terminate conservatorship
• Medical evidence of restored capacity
• Court hearing
• If granted, conservatorship ends

3. Conservatorship No Longer Necessary

Reasons:

• Less restrictive alternative now available
• Conservatee's condition changed
• Circumstances changed

Process:

• Petition to terminate
• Evidence of alternatives
• Court hearing

Common Problems and How to Avoid Them

Problem #1: Family Conflicts

Scenario: Siblings disagree about whether parent needs conservatorship or who should be conservator.

Consequences:

• Contested court proceedings
• Legal fees soar ($20,000-$50,000+)
• Relationships damaged
• Parent's care delayed

Prevention:

• Family meeting before filing
• Mediation if disagreements exist
• Consider professional or co-conservators
• Focus on parent's needs, not sibling rivalry

Problem #2: Conservator Mismanagement

Scenario: Conservator misuses conservatee's funds—taking money, making "loans" to themselves, or poor record-keeping.

Consequences:

• Surcharge (court orders conservator to repay)
• Removal as conservator
• Criminal charges possible
• Family lawsuit

Prevention:

• Meticulous record-keeping
• Never commingle funds
• Get court approval for major decisions
• Hire accountant if needed
• Remember you're a fiduciary

Problem #3: Isolation of Conservatee

Scenario: Conservator limits conservatee's contact with family or friends.

Why This Happens:

• Conservator thinks others are "upsetting" conservatee
• Family conflicts spill over
• Overprotectiveness
• Sometimes intentional isolation to hide problems

Legal Issue: Conservatees have right to relationships unless specific danger exists.

Prevention:

• Encourage appropriate relationships
• Document legitimate safety concerns
• Seek court guidance if conflicts arise

Problem #4: Inadequate Care

Scenario: Conservatee placed in substandard facility, needs not met, medical care neglected.

Consequences:

• Harm to conservatee
• Breach of fiduciary duty
• Removal as conservator
• Potential liability

Prevention:

• Visit regularly
• Monitor care quality
• Respond to concerns promptly
• Advocate for conservatee's needs

Problem #5: Failure to File Required Court Documents

Scenario: Conservator doesn't file annual accountings or status reports on time.

Consequences:

• Court sanctions
• Attorney fees to come into compliance
• Possible removal

Prevention:

• Calendar all deadlines
• Hire attorney to prepare filings
• Don't procrastinate

Conservatorship vs. Guardianship: What's the Difference?

People often confuse these terms. In California:

Conservatorship:

• For adults (18+)
• Probate court jurisdiction
• More complex process
• What we've been discussing in this article

Guardianship:

• For minors (under 18)
• Also probate court but different rules
• Parents' rights may be terminated
• Guardian steps in as parent figure

Some Similarities:

• Both involve court appointment
• Both are fiduciary relationships
• Both have reporting requirements
• Both can be contested

How to Avoid Needing Conservatorship

The best approach is advance planning so conservatorship never becomes necessary.

Essential Estate Planning Documents

1. Durable Power of Attorney for Finances

• Sign while you have capacity
• Names agent to manage finances if you become incapacitated
• Avoids conservatorship of estate

2. Advance Health Care Directive

• Names agent for medical decisions
• Provides treatment preferences
• Avoids conservatorship of person for medical decisions

3. Revocable Living Trust

• Names successor trustee to manage assets
• Automatic transition if you become incapacitated
• Avoids conservatorship of estate for trust assets

4. HIPAA Authorization

• Allows family to access medical information
• Essential for coordinating care

Complete Package: These four documents (typically $2,500-$4,000) prevent the need for conservatorship ($10,000-$15,000+) while preserving your autonomy.

Additional Protective Measures

5. Regular Family Discussions

• Talk about wishes and preferences
• Identify who would serve as agent/trustee
• Discuss values and priorities
• Update family on assets and planning

6. Financial Transparency

• Keep family informed of general financial picture
• Share location of important documents
• Provide access to trusted family member or advisor

7. Regular Reviews

• Review and update documents every 3-5 years
• Update after major life changes
• Ensure agents/trustees still willing and able

8. Consider Long-Term Care Insurance

• Provides funds for care if needed
• Reduces family burden
• Allows more care options

When to Consult a Conservatorship Attorney

Seek legal advice if:

☐ Your loved one clearly lacks capacity and has no powers of attorney or trust

☐ Financial institutions won't honor existing power of attorney

☐ Loved one is being financially exploited and won't cooperate with protection

☐ Loved one is in danger and refuses necessary care

☐ Loved one with mental illness is gravely disabled

☐ You've been named as agent but need more authority than the documents provide

☐ Family members disagree about care or finances

☐ You're already serving as conservator and need guidance

☐ You need to modify or terminate existing conservatorship

Frequently Asked Questions

How long does a conservatorship last?

Most general conservatorships last for the remainder of the conservatee's life. They end when the conservatee dies, regains capacity (rare), or the court determines conservatorship is no longer necessary. LPS conservatorships are initially for one year and must be renewed.

Can I get paid for being a conservator?

Yes, conservators are entitled to reasonable compensation for their services, but payment must be approved by the court. Family members often serve without compensation or take only a modest amount. Professional conservators charge fees (typically based on estate size).

What if my parent refuses and fights the conservatorship?

Your parent has the right to contest the conservatorship. They'll be appointed an attorney who will advocate for them. The court will carefully review whether conservatorship is truly necessary. If your parent has capacity to express preferences, the court may deny the conservatorship. Fighting the petition doesn't automatically mean it will be denied if lack of capacity is proven.

Can I make a conservatorship temporary just to handle one issue?

Yes, you can request a limited conservatorship for specific purposes (like selling a house) rather than general conservatorship. You can also request temporary conservatorship for emergency situations. Discuss with your attorney what level of authority you actually need.

What if I live in another state but my parent is in California?

You can still be appointed conservator even if you live out-of-state, but it's more complicated. The court will scrutinize this carefully because of the distance. You may need to:

• Travel to California for hearings
• Visit regularly
• Have local support (care managers, family)
• Provide extra reporting to the court

Some families find a local co-conservator helpful.

Can I avoid conservatorship if my parent has some "good days"?

Capacity isn't about good days vs. bad days. The question is whether the person has consistent, reliable capacity to manage their affairs and care for themselves. Someone with moderate dementia might seem fine in a 10-minute conversation but cannot actually manage finances or live safely alone. Medical evaluation addresses this.

Will conservatorship affect my parent's Social Security or VA benefits?

Conservatorship itself doesn't affect benefit eligibility, but you should notify Social Security and VA that you've been appointed conservator. You may need to become representative payee for Social Security benefits. VA benefits continue but payments come to you as conservator.

How much does the conservatee know about the process?

The conservatee must be personally served with notice of the petition (unless impossible). They'll be interviewed by the court investigator and court-appointed attorney. If able, they can attend the hearing and testify. California law requires meaningful participation to the extent the person is capable.

Can I contest a conservatorship if I think it's not needed?

Yes. If you're a family member, you have standing to object. File a response with the court stating your objections and evidence. You should hire an attorney. The court will hold a hearing where both sides present evidence, and the judge decides.

What happens to my parent's house if I'm appointed conservator?

You manage the house as conservator of the estate. Your parent continues to own it (or the trust owns it). You can't sell it without court approval. You can use estate funds to maintain it, pay property taxes, insurance, etc. If your parent needs to move to assisted living, you may need to sell the house—requiring a court petition and approval.

Take Action: Protecting Your Loved One

If your family is facing a potential conservatorship situation, you're dealing with one of life's most challenging transitions. The legal process may seem daunting, but you don't have to navigate it alone.

Your Next Steps:

☐ Step 1: Assess the Situation

• Is conservatorship truly necessary?
• Have alternatives been tried?
• What authority is actually needed?

☐ Step 2: Gather Information

• Medical records and diagnoses
• Financial records (bank statements, assets, debts)
• List of family members and their contact information
• Any existing estate planning documents

☐ Step 3: Consult with a Conservatorship Attorney

• Discuss your loved one's situation
• Explore alternatives
• Understand the process, timeline, and costs
• Determine best path forward

☐ Step 4: Family Discussion

• Talk with family members about the situation
• Try to reach consensus on needs and approach
• Identify potential conflicts early

☐ Step 5: Move Forward Thoughtfully

• Remember this is about protecting your loved one
• Focus on their needs and dignity
• Prepare emotionally for the process
• Get support for yourself

Schedule Your Free Consultation

As a Glendale conservatorship attorney, I understand how emotionally difficult these situations are. I've helped hundreds of families protect their loved ones while navigating the California conservatorship system with dignity and care.

During your free consultation, I'll:

• Listen to your family's situation
• Assess whether conservatorship is truly needed
• Explain alternatives that might work
• Outline the conservatorship process specific to your case
• Discuss timeline and costs
• Answer all your questions
• Help you make informed decisions

You don't have to do this alone. Whether you need guidance on alternatives to conservatorship, help establishing a conservatorship, or assistance managing an existing one, I can help.

Call (818) 291-6217 or visit our contact page to schedule your free consultation today.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California conservatorship and estate planning attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With extensive experience in conservatorships, guardianships, and incapacity planning, Rozsa helps families protect their loved ones while preserving dignity and rights to the greatest extent possible.

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Disclaimer: This article provides general information about California conservatorships and should not be construed as legal advice. Every situation is unique. California conservatorship laws are complex, and this article reflects laws in effect as of January 2025. Consult with a qualified California conservatorship attorney about your specific circumstances.