CONSERVATORSHIPS
Establishing or contesting a conservatorship is a deeply personal and often emotional legal process. Whether you're seeking to protect a vulnerable loved one or facing a dispute over someone’s care or finances, having skilled legal guidance is essential.
At Greerty Law Group, we provide compassionate, experienced representation for clients navigating conservatorship matters. We’ll help you understand your options, prepare the necessary legal documents, and advocate for the best possible outcome—whether in court or through negotiation.
Don’t go through it alone. Contact us today for a confidential consultation and get the trusted support you need to make informed, confident decisions.
A conservatorship in California is a legal arrangement in which a court appoints a responsible person or organization (called the conservator) to care for another adult (the conservatee) who cannot manage their personal affairs or finances due to physical or mental limitations.
CONSERVATORSHIPS
Types of Conservatorships:
Conservatorship of the Person
The conservator manages the conservatee’s personal needs, such as food, shelter, healthcare, and daily care.
Conservatorship of the Estate
The conservator handles the conservatee’s finances, including paying bills, managing investments, and protecting assets.
General Conservatorship
For adults who are fully or mostly incapable of handling their personal or financial matters, often due to age-related issues or serious illness.
Limited Conservatorship
For adults with developmental disabilities who need help with some areas of life but can manage others independently
Temporary Conservatorship
A short-term conservatorship is granted in urgent situations, usually lasting until a general conservatorship hearing can be held.
Petition Filing –
A petition is filed in probate court requesting the appointment of a conservator.
Court Investigation –
A court-appointed investigator interviews the proposed conservatee and reports to the judge.
Key Steps in the Conservatorship Process:
Court Hearing –
The judge considers evidence and decides whether a conservatorship is necessary.
Appointment & Oversight –
If granted, the conservator must act in the conservatee’s best interests and may be required to file regular reports or accountings with the court.
Important Considerations:
Court supervision ensures conservators are acting appropriately.
Alternatives such as powers of attorney or advance directives may be considered before seeking conservatorship.
Conservatorships can be contested by the conservatee or other interested parties.
Termination can occur if the conservatee regains capacity or passes away.
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FAQs
What is a conservatorship?
A conservatorship is a legal arrangement where a court appoints a responsible person (the conservator) to manage the personal and/or financial affairs of an adult who is unable to do so themselves (the conservatee).
What types of conservatorships are there in California?
There are several types, including:
Conservatorship of the Person – for managing personal needs such as healthcare and living arrangements.
Conservatorship of the Estate – for managing finances and property.
Limited Conservatorship – for adults with developmental disabilities who can manage some but not all areas of their life.
Lanterman-Petris-Short (LPS) Conservatorship – for individuals with serious mental health disorders.
Who can be appointed as a conservator?
Typically, a family member or close friend is nominated, but if no suitable person is available, the court may appoint a professional conservator or public guardian.
How do I petition for a conservatorship?
You must file a petition with the probate court in the county where the proposed conservatee resides. The court will set a hearing and may appoint an investigator to assess the situation.
How long does a conservatorship last?
It depends on the type. General conservatorships can last indefinitely, but the court requires regular reporting. Limited and LPS conservatorships may have shorter durations and more frequent reviews.
What responsibilities does a conservator have?
Conservators must act in the best interests of the conservatee and may be responsible for decisions about housing, medical care, managing income, paying bills, and safeguarding assets. They must also file reports with the court.
Can a conservatorship be contested or terminated?
Yes. Interested parties can object to the appointment or request termination if the conservatee regains capacity or if the conservatorship is no longer needed. The court must approve all changes.
