What a Conservatorship Does
When a court establishes a conservatorship, it is finding that an adult — called the conservatee — lacks the capacity to manage their own affairs. The conservator steps into that role under court supervision.
Depending on the type of conservatorship granted, the conservator may have authority to:
- Decide where the conservatee lives.
- Make medical decisions on their behalf.
- Manage their income, assets, and property.
- Pay their bills and file their taxes.
- Enter contracts on their behalf.
- Consent to or refuse certain medical treatments.
A conservatorship is a significant legal intervention. The conservatee loses the right to make the decisions covered by the conservatorship. California courts take this seriously and require clear evidence that less restrictive alternatives are not sufficient before appointing a conservator.
The Two Main Types of Conservatorship in California
Conservatorship of the Person
A conservatorship of the person gives the conservator authority over the conservatee’s personal care — where they live, what medical treatment they receive, and their day-to-day welfare. This type is appropriate when the person cannot safely care for themselves.
Conservatorship of the Estate
A conservatorship of the estate gives the conservator authority over the conservatee’s finances — their income, assets, debts, and property. The conservator of the estate must account to the court annually for all financial transactions. This type is appropriate when the person cannot manage money safely — whether due to cognitive decline, mental illness, or vulnerability to financial exploitation.
Both types can be granted together or separately.
Who Can Petition for Conservatorship
Under California Probate Code § 1820, a conservatorship petition can be filed by the proposed conservatee themselves, a spouse or domestic partner, a relative, a state or local agency, or any other interested person.
Common situations that lead to conservatorship petitions include an elderly parent with advancing dementia who can no longer manage finances or make safe decisions, an adult child with a developmental disability who has aged out of other support systems, or an adult who has suffered a serious brain injury or stroke.
How Conservatorship Is Established in California
Conservatorship proceedings are heard in the California Superior Court’s probate division. The process involves:
- Filing a Petition for Appointment of Probate Conservator (Form GC-310) in the county where the proposed conservatee lives.
- Serving notice on the proposed conservatee and their close relatives.
- The court appoints a court investigator to interview the proposed conservatee, explain their rights, and report to the court.
- The proposed conservatee has the right to attend the hearing, oppose the conservatorship, and have an attorney appointed if they cannot afford one.
- The court holds a hearing and determines whether the proposed conservatee lacks the capacity to manage their own affairs and whether a conservatorship is necessary.
If the situation is urgent, a temporary conservatorship can be granted on an emergency basis before the full hearing.
The Rights of the Conservatee
A conservatorship does not strip a person of all rights. California law preserves certain rights for conservatees regardless of the conservatorship order. Under Probate Code § 1871, a conservatee retains the right to:
- Have the conservatorship reviewed annually by the court.
- Petition the court to end the conservatorship at any time.
- Have an attorney represent them in conservatorship proceedings.
- Vote, unless the court specifically finds they lack the capacity to do so.
- Marry, unless the court specifically removes that right.
The conservator must act in the conservatee’s best interests at all times and is subject to court oversight and removal for misconduct.
The Conservator’s Obligations
A conservator is a fiduciary — meaning they are legally required to act in the conservatee’s best interests, not their own. Key obligations include:
- Filing an inventory and appraisal of the conservatee’s assets within 90 days of appointment.
- Filing annual accountings with the court showing all income, expenses, and asset changes.
- Seeking court approval for major financial transactions — selling real property, making large gifts, or changing investments.
- Keeping the conservatee’s assets completely separate from the conservator’s own finances.
Breach of fiduciary duty is grounds for removal and personal liability.
How Conservatorship Ends
A conservatorship ends when the conservatee dies, when the court determines the conservatee has regained capacity, or when the conservatee’s assets are exhausted in the case of an estate-only conservatorship. Either the conservatee or the conservator can petition the court to terminate the conservatorship.
Conservatorship vs. Power of Attorney
A conservatorship is a court-supervised process that is expensive, time-consuming, and removes legal rights from the conservatee. A durable power of attorney — signed voluntarily while a person has capacity — accomplishes many of the same goals without court involvement.
If a person has the capacity to sign a durable power of attorney and advance healthcare directive now, doing so is almost always preferable to a future conservatorship. Conservatorships are necessary when a person has already lost capacity and did not plan ahead.
Frequently Asked Questions
Do I need a lawyer to file for conservatorship in California?
Conservatorship proceedings are significantly more complex than guardianship. While self-representation is permitted, most petitioners retain an attorney. The annual accounting and fiduciary requirements create ongoing legal obligations that are difficult to manage without professional help.
How long does a conservatorship last in California?
A probate conservatorship continues indefinitely until the court terminates it or the conservatee dies. The court reviews the conservatorship annually through a court investigator.
Can a conservator be removed?
Yes. A conservatee, a relative, or any interested person can petition the court to remove a conservator for misconduct, breach of fiduciary duty, or failure to act in the conservatee’s best interests. The court can also remove a conservator on its own motion.
What is the difference between a conservatorship and a guardianship?
Guardianship applies to minors. Conservatorship applies to adults. Both involve court-appointed oversight of a person who cannot manage their own affairs, but the legal framework, forms, and standards differ. A minor who reaches 18 while under guardianship may transition to a conservatorship if they still lack capacity.
Does this apply outside California?
Conservatorship laws vary significantly by state — some states use the term guardianship for adults rather than conservatorship. California’s Probate Code is California-specific. If the proposed conservatee lives in another state, that state’s laws govern.