Conservatorship

A conservatorship is a legal arrangement in California where a court appoints a responsible person or organization (known as a conservator) to care for and manage the personal, financial, and medical affairs of another person (the conservatee) who is unable to make decisions for themselves due to mental or physical limitations. This process is typically used when a person is incapacitated or severely disabled and cannot adequately care for themselves or manage their affairs.

1. Types of Conservatorships in California

There are two main types of conservatorships in California:

a. Conservatorship of the Person

Purpose: This type of conservatorship is established when a person is unable to care for themselves or make decisions about their personal well-being.
Duties of Conservator: The conservator is responsible for ensuring the conservatee’s basic needs are met, such as food, shelter, clothing, medical care, and supervision.
Common Reasons: Cognitive impairments due to dementia, Alzheimer’s disease, or severe mental health conditions.

b. Conservatorship of the Estate

Purpose: This type of conservatorship is set up to manage the conservatee’s financial affairs.
Duties of Conservator: The conservator handles the conservatee’s financial matters, such as paying bills, managing investments, handling taxes, and ensuring that any property is well-maintained.
Common Reasons: Severe physical disabilities or mental incapacity, such as in the case of a person suffering from a stroke or brain injury.

c. General Conservatorship

A general conservatorship may involve both the person and the estate. In this case, the conservator has both personal and financial responsibilities for the conservatee.

2. When Is Conservatorship Needed?

A conservatorship is usually requested when a person is no longer capable of managing their affairs due to:

Mental Health Disorders: Such as schizophrenia or severe bipolar disorder, where the individual cannot make informed decisions about their well-being.
Physical Disabilities: That result in an inability to care for oneself (e.g., after a stroke or brain injury).
Dementia/Alzheimer’s Disease: When a person loses the cognitive ability to handle their own personal and financial matters.
Developmental Disabilities: In cases where individuals have conditions such as autism that affect their ability to manage daily life as adults.

3. How Conservatorship Is Established

To establish a conservatorship in California, the following steps are generally involved:

Step 1: Filing the Petition

A family member, friend, or a public or private organization files a Petition for Conservatorship with the probate court.
The petition outlines the reasons why conservatorship is necessary and includes details about the conservatee’s condition.
The petitioner must propose a specific person or organization to be appointed as conservator.

Step 2: Court Investigation

The court may appoint an investigator to assess the situation. The investigator will interview the proposed conservator, the conservatee (if possible), and any other interested parties to determine whether conservatorship is appropriate.
The conservatee has the right to object to the petition and to request a hearing.

Step 3: Court Hearing

If the conservatee or other parties do not object, the court will hold a hearing. The judge will determine if the conservatorship is necessary and if the proposed conservator is suitable for the role.
If the judge grants the conservatorship, the Letters of Conservatorship will be issued, officially appointing the conservator.

4. Duties and Powers of a Conservator

a. Conservator of the Person

Ensuring that the conservatee receives proper medical care and treatment.
Making decisions about the conservatee’s living arrangements (e.g., whether they should live in a care facility or remain at home).
Ensuring the conservatee is safe and their basic needs are met.

b. Conservator of the Estate

The duties of the conservator may include:

Managing the conservatee’s assets, including paying bills, taxes, and managing real estate and investments.
Filing financial reports with the court to show how the conservatee’s funds are being used.
Creating a budget for the conservatee’s expenses.

c. Court Oversight

A conservatorship is subject to ongoing court oversight. The conservator must periodically report to the court on the conservatee’s well-being and finances. The court may also review whether the conservatorship is still necessary.

5. Alternatives to Conservatorship

Conservatorship can be a costly, time-consuming, and intrusive process, so it is often viewed as a last resort. Some alternatives to conservatorship include:

Powers of Attorney: A legal document where a person (the principal) appoints someone (the agent) to make financial and healthcare decisions on their behalf, usually while the principal is still able to make decisions.
Advance Healthcare Directives: A legal document that specifies the type of medical treatment an individual wants if they become unable to make those decisions in the future.
Living Trust: A legal entity that holds property and specifies how it will be managed and distributed, potentially avoiding the need for conservatorship in some situations.

6. Duration and Termination of Conservatorship

Conservatorships in California are not permanent by default. They can be terminated if:

The conservatee regains their ability to manage their affairs and requests termination.
The conservator’s duties are no longer necessary (e.g., the conservatee passes away).
The court finds that the conservatorship is no longer in the best interest of the conservatee.

If the conservatorship is not terminated, it may continue indefinitely, with the conservator continuing to oversee the conservatee’s affairs.

7. Costs of Conservatorship

Conservatorship can be expensive due to:

Court fees for filing the petition and other documents.
Attorney fees for the petitioner and, in some cases, the conservatee’s legal counsel.
Fees for the conservator: If a professional conservator is appointed, they will charge fees based on the work involved in managing the conservatee’s affairs.
Investigation fees for the court-appointed investigator.

Conservatorship