Understanding Conservatorships in California
A conservatorship is a legal arrangement in California where a court appoints a responsible person or organization (the conservator) to care for another adult who cannot properly care for themselves or manage their own financial affairs. Unlike guardianships, which apply to minors, conservatorships are established for adults who lack the capacity to make informed decisions due to conditions such as dementia, Alzheimer's disease, developmental disabilities, severe mental illness, or physical incapacitation.
As an experienced conservatorship attorney in California, Victoria P. Martin helps families in Apple Valley, San Diego, and throughout the High Desert, Inland Empire, and San Diego County navigate this complex legal process with compassion and expertise. Establishing a conservatorship requires court approval and ongoing oversight, making qualified legal representation essential to protect the rights and interests of all parties involved.
Types of Conservatorships in California
California law recognizes two primary types of conservatorships, each addressing different needs:
Conservatorship of the Person: This arrangement grants the conservator authority to make personal care decisions for the conservatee, including decisions about medical treatment, living arrangements, food, clothing, and other daily necessities. The conservator essentially assumes responsibility for the conservatee's physical well-being and personal care.
Conservatorship of the Estate: This type focuses on financial matters, authorizing the conservator to manage the conservatee's financial assets, pay bills, make investments, collect income, and handle property transactions. The conservator must act as a fiduciary, always making decisions in the conservatee's best financial interests.
In many cases, courts establish both types simultaneously, appointing one person to handle both personal and financial matters. California Probate Code sections 1800-1954 govern the establishment, duties, and termination of conservatorships throughout the state.
Conservatorship vs Guardianship: Key Differences
Many people confuse conservatorships with guardianships, but understanding the distinction is crucial when seeking appropriate legal protection. The primary difference between conservatorship vs guardianship in California centers on the age of the protected individual:
- Conservatorships apply exclusively to adults (age 18 and older) who cannot adequately care for themselves or manage their finances due to physical or mental limitations
- Guardianships are established for minors (under age 18) whose parents are unable or unavailable to provide proper care
- When a minor under guardianship turns 18, the guardianship automatically terminates, and a conservatorship may need to be established if the individual still requires assistance
- Both require court supervision, but conservatorships typically involve more stringent capacity evaluations and procedural requirements
For families caring for adult children with developmental disabilities or aging parents with dementia in the High Desert region, understanding these distinctions helps ensure the appropriate legal protections are established before a crisis occurs.
Who Needs a Conservatorship?
Conservatorships become necessary when an adult Californian loses the capacity to make sound decisions regarding their personal care or finances. Common situations requiring conservatorship proceedings include:
- Elderly individuals with Alzheimer's disease or dementia who can no longer manage medications, finances, or daily living activities safely
- Adults with developmental disabilities transitioning from guardianship at age 18 who continue to need assistance with major life decisions
- Individuals who have suffered traumatic brain injuries or strokes resulting in permanent cognitive impairment
- Adults with severe mental illness who are unable to provide for their basic needs or are vulnerable to exploitation
- Individuals with progressive neurological conditions like Parkinson's disease who gradually lose decision-making capacity
- Adults who have become vulnerable to financial exploitation or undue influence by others
Establishing a conservatorship is a serious legal step that removes significant rights from the conservatee. California courts require substantial evidence of incapacity before granting conservatorship powers, and less restrictive alternatives should always be considered first.
The California Conservatorship Process
Establishing a conservatorship in California involves multiple legal steps and typically takes several months to complete. As your conservatorship attorney in California, Archangel Trust guides you through each phase:
Initial Petition and Investigation
The process begins when a family member, friend, or interested party files a petition with the superior court in the county where the proposed conservatee resides. In the High Desert, this typically means the San Bernardino County Superior Court. The petition must detail why the conservatorship is necessary and include specific information about the proposed conservatee's condition.
Once filed, the court appoints an investigator who interviews the proposed conservatee, reviews their living situation, and determines whether the conservatorship is appropriate and in the person's best interests. This investigation is required under California Probate Code Section 1826.
Medical Evaluation and Capacity Assessment
A licensed physician, psychologist, or religious healing practitioner must examine the proposed conservatee within 15 days before the petition filing. This evaluator completes a Capacity Declaration (Form GC-335) assessing the individual's mental function, understanding, and ability to make informed decisions. This medical evidence is critical to the court's determination.
Notice to Interested Parties
California law requires proper notice to the proposed conservatee's relatives and other interested parties. This ensures family members have an opportunity to participate in the proceedings, object to the proposed conservator, or suggest alternatives. Proper notice is essential for due process and prevents future legal challenges.
Court Hearing and Appointment
At the conservatorship hearing, the judge reviews all evidence, hears testimony, and determines whether the proposed conservatee lacks capacity and whether the conservatorship is the least restrictive alternative. The proposed conservatee has the right to attend, contest the petition, and have legal representation. If the court grants the petition, it issues Letters of Conservatorship authorizing the conservator to act.
Ongoing Court Supervision
Unlike powers of attorney that operate without court oversight, conservatorships require ongoing accountability. Conservators must file regular accountings with the court, documenting all financial transactions and demonstrating proper management of the conservatee's estate. Conservators of the person must file status reports detailing the conservatee's condition and care arrangements.
California-Specific Conservatorship Requirements
California's conservatorship laws include several protections and requirements unique to the state:
Limited Conservatorships: For adults with developmental disabilities, California offers limited conservatorships under Probate Code Section 1801(d). These arrangements preserve as much independence as possible while providing necessary assistance only in specific areas where the individual lacks capacity.
LPS Conservatorships: Named after the Lanterman-Petris-Short Act, these specialized conservatorships address individuals with severe mental health disorders who are gravely disabled. LPS conservatorships have different procedures and are typically established through county mental health departments.
Bonding Requirements: California requires conservators of the estate to obtain a surety bond equal to the value of the personal property in the estate, plus one year's estimated income, unless the court waives this requirement. This bond protects against mismanagement or misappropriation of assets.
Education Requirements: Before receiving Letters of Conservatorship, the appointed conservator must complete a mandatory education course covering fiduciary duties, court procedures, and the conservatee's rights unless they are a professional fiduciary or attorney.
Alternatives to Conservatorship
California courts prefer less restrictive alternatives when possible. Before pursuing conservatorship proceedings, families should consider whether these options might adequately address their loved one's needs:
- Durable Power of Attorney for Finances: Allows an appointed agent to manage financial affairs without court involvement, but only if established while the principal has capacity
- Advance Health Care Directive: Designates someone to make medical decisions and provides healthcare instructions if the individual becomes incapacitated
- Revocable Living Trust: Enables a successor trustee to manage assets for the beneficiary's benefit without conservatorship if the initial trustee becomes incapacitated
- Representative Payee: For Social Security or other government benefits, a representative payee can be appointed to manage these specific funds without full conservatorship
- Supported Decision-Making Agreements: Allows adults with disabilities to maintain autonomy while receiving assistance from chosen supporters
Unfortunately, many families don't implement these proactive measures before a crisis occurs, making conservatorship the only available option. Early estate planning with an experienced attorney can help avoid this situation.
Why Choose Archangel Trust for Your California Conservatorship
Establishing and managing a conservatorship requires extensive knowledge of California Probate Code, sensitivity to family dynamics, and meticulous attention to court procedures. With over 20 years of experience serving families throughout Apple Valley, Victorville, Hesperia, and the surrounding High Desert and Inland Empire communities, Victoria P. Martin and Archangel Trust provide the expertise and compassionate guidance you need during this challenging time.
We understand that seeking a conservatorship often arises from difficult circumstances—a parent's declining health, a family member's worsening condition, or an urgent need to protect a vulnerable adult. Our approach combines legal proficiency with genuine care for your family's situation. We take time to explain each step of the conservatorship process, prepare you for court proceedings, and ensure compliance with all California legal requirements.
Our conservatorship services include comprehensive petition preparation, coordination with medical evaluators and court investigators, representation at hearings, ongoing compliance support for accountings and reports, and advice on the conservator's duties and responsibilities. We also help families explore whether less restrictive alternatives might serve their needs before proceeding with full conservatorship proceedings.
Whether you're seeking a conservatorship for an aging parent, an adult child with disabilities, or another family member who can no longer care for themselves, Archangel Trust provides the skilled legal representation necessary to navigate California's conservatorship system effectively. Don't face this complex process alone—partner with an experienced conservatorship attorney in California who prioritizes your family's needs and your loved one's best interests.
