Conservatorships in California

Conservatorships help families protect loved ones who can’t manage their own personal or financial affairs. At Chaney Counsel, our Los Angeles County lawyers guide clients through every step. We know these cases are complex and emotionally charged.

A conservatorship lets a trusted person or organization make key decisions for someone in need. The process involves detailed paperwork and court appearances, which can be daunting. We help clients set up conservatorships for elderly parents, family members with special needs, or anyone temporarily unable to care for themselves.

We work directly with families, offering tailored strategies and respectful representation. To get started, call us at 818-835-8144 for a free consultation.

Scope of Conservatorships

What is a conservatorship?

In California, a conservatorship is a court-supervised arrangement. A judge appoints someone (the conservator) to manage personal care, finances, or both for an adult (the conservatee) who can’t do so alone. California Probate Code sections 1800 and beyond guide these cases. The court aims to protect adults with impaired decision-making abilities, making sure their needs are met and their rights stay protected. To learn more, click here.

Conservatorship Responsibilities

Conservators must respect the conservatee’s dignity and preferences. The court expects conservators to use the least restrictive methods and involve the conservatee in choices when possible. Judges regularly review conservatorships to keep the right balance between protection and personal freedom. If you need help with a conservatorship, our Los Angeles County lawyers can guide you.

Types of Conservatorships

Types of Conservatorships in California

California law offers several kinds of conservatorships. Each type fits different needs and situations:

1. Conservator of the Person

The conservator manages every part of the conservatee’s daily life. They arrange housing, schedule doctor visits, monitor nutrition, and oversee hygiene. The focus: keeping the person safe and healthy. The conservator does not control finances in this role.

2. Conservator of the Estate

The conservator of the estate manages all financial matters for the conservatee. They collect income, pay bills, and safeguard assets. They also file detailed financial reports with the court. California Probate Code section 2620 requires the conservator to provide regular accountings. These reports demonstrate how every transaction benefits the conservatee and meets high management standards.

3. General Conservatorship

A general conservatorship covers most adults who can’t manage their personal or financial affairs. Advanced age, illness, or incapacity may cause this need. Often, one person acts as both conservator of the person and of the estate. Sometimes, the court assigns these roles to two different people. The arrangement stays in place until the court ends it.

4. Limited Conservatorship

A limited conservatorship helps adults with developmental disabilities. The court grants the conservator authority only when the conservatee needs help. The conservatee keeps as many rights as possible. For example, a limited conservator might only make medical or educational decisions. California courts work to let people keep control over the parts of life they can manage.

5. LPS (Lanterman-Petris-Short) Conservatorship

An LPS conservatorship serves adults who are “gravely disabled” because of mental illness or long-term substance abuse. County mental health officials usually start these cases. Often, an LPS conservatorship follows a psychiatric hold, like a “5150” or “5250.” During the hold, a mental health expert checks if the person needs ongoing treatment. If the person won’t accept voluntary care, someone can ask the court to appoint a conservator.

Temporary (Emergency) Conservatorships

When a crisis hits—like sudden illness, financial danger, or a safety threat—the court can grant a temporary conservatorship under California Probate Code section 2250. This allows someone to step in and make important decisions right away, before a full conservatorship hearing.

• Filing for Temporary Appointment: The petitioner files documents, often including form GC-110, to explain the emergency.
• Court Determination: If the judge finds an urgent need, they can appoint a temporary conservator. This order often lasts only until the permanent hearing.
• Limited Duration: Temporary conservatorships last for a short time, usually 30 to 60 days. The court can extend them if needed before deciding on a general conservatorship.
• Narrow Scope of Authority: The court only grants enough authority to fix the emergency. After the general conservatorship hearing, the judge decides if a broader order is needed.

Glossary of Key Terms

Conservatorship Terms Explained

Learning these basic terms makes the process clearer:

1. Bond

A bond works like insurance. The conservator must get a surety that protects the conservatee’s estate if fraud or wrongdoing happens. When the court approves the bond, it adds an extra layer of financial security for the conservatee.

2. Capacity Declaration

A capacity declaration is a form that a doctor, psychologist, or qualified professional completes. It describes the proposed conservatee’s abilities and limitations. The court uses this form to decide if the person can manage their own affairs.

3. Conservator

The conservator is the person or group the court appoints to make decisions for the conservatee. The conservator may handle personal care, finances, or both, depending on what the court decides.

4. Conservatee

The conservatee is the adult a judge decides cannot manage their personal or financial decisions. This person needs a conservator for protection and help.

5. Court Investigator

A court investigator is a professional who reviews conservatorship petitions. They research the conservatee’s situation, interview witnesses, and report their findings to the judge. These investigations help the court make informed decisions before granting or changing a conservatorship.