A conservatorship is a legal arrangement that allows a responsible individual to manage the personal care or financial affairs of someone unable to do so themselves. Families often turn to conservatorships to protect vulnerable relatives who can no longer see to their personal, health or monetary responsibilities safely. Examples include aging parents with dementia, adults with severe developmental disabilities or individuals incapacitated by illness or injury.

Under California law, a conservatorship is established when a court appoints a conservator, who may be a family member, a licensed professional fiduciary or, if no one is willing or able, a public guardian. Conservatorships are governed by Probate Code §§ 1800–1849. There are two primary types: 

• Conservatorship of the person, in which the conservator manages daily care, healthcare and living arrangements

• Conservatorship of the estate, where the conservator handles financial matters, such as paying bills and managing assets

Setting up a conservatorship begins with filing a petition in probate court. All interested parties, including the proposed conservatee and relatives, must be formally notified. The court then assigns an investigator to interview the parties involved and review medical assessments to determine necessity. At a hearing, a judge considers the merits and comes to a decision. Once established, the conservatorship remains under ongoing court supervision. Conservators are obligated to act in the best interests of the conservatee, maintain thorough records and file periodic reports with the court.

While conservatorships provide vital protection, they can take an emotional toll on families and sometimes foster conflict among relatives. Legal and administrative processes can be complex and expensive; continued court oversight adds to the burden. Striking a balance between safeguarding the conservatee and respecting their autonomy and rights can also be difficult.

California courts favor less restrictive alternatives whenever possible. These include durable powers of attorney for finances, advance healthcare directives, living trusts or supported decision-making arrangements. Utilizing these tools can often provide sufficient support without the loss of rights imposed by a conservatorship.

Conservatorships can be invaluable for protecting vulnerable loved ones, but they require careful preparation, commitment and legal oversight. Families should thoughtfully consider all alternatives, understand the responsibilities involved and consult with a knowledgeable California estate planning attorney to navigate the process, safeguard their relatives’ rights and ensure compliance with state law.

Favaro, Lavezzo, Gill, Caretti & Heppell, PC in Vallejo advises clients in Solano, Contra Costa and Napa counties on California conservatorships. Please call 707-674-6057 or contact us online to schedule a consultation regarding your circumstances and legal options.