Practice Areas

Conservatorships

When individuals are no longer able to manage their personal or financial affairs due to age, illness, or incapacity, a conservatorship may be necessary to protect their interests. Peck Firm PC guides clients through the complex legal process of establishing and managing conservatorships and fighting against conservatorships when they are unnecessary.

There are two primary types of conservatorships under California law, each addressing different aspects of an individual’s life:

Conservatorship of the Person: A conservatorship of the person may be established when an individual is not able to make decisions regarding their personal care, health, or living arrangements. The appointed conservator is responsible for making decisions related to the conservatee’s daily needs, medical treatment, and overall well-being.

Conservatorship of the Estate: A conservatorship of the estate is established when an individual is unable to manage their financial affairs, including assets, income, and property. The appointed conservator has the authority to manage the conservatee’s finances, pay bills, collect income, and make investment decisions on their behalf.

To establish a conservatorship, a petition must be filed with the Court and the petitioner must demonstrate that a conservatorship is necessary. The proposed conservatee may object to the petition. Interested third parties may also object. If an objection is filed, a trial may be held to determine whether a conservatorship should be established.

Conservatorships can result in a deprivation of rights typically enjoyed by competent adults. It is critical to work with a knowledgeable attorney if you believe a conservatorship is necessary or someone is attempting to establish a conservatorship without proper cause.

Conservatorship FAQs

If you’re thinking about a conservatorship for a loved one, you likely have a lot of questions. Below are answers to some of the most common concerns we hear.

When is a conservatorship needed?
A conservatorship may be needed when someone can no longer manage their personal or financial affairs due to age, illness, or disability. This could be a parent struggling with dementia, a loved one with a brain injury, or an adult with special needs. If no other legal arrangements are in place, a conservatorship ensures that important decisions are made in their best interests.

Who can request a conservatorship in California?
A family member, close friend, or even a professional, like a California conservatorship attorney, can petition the court to establish a conservatorship. The court will then review medical evidence and testimony to decide whether the person truly needs this level of support.

Can a conservatorship be challenged?
Yes. The person who would be under the conservatorship has the right to object, and other family members or concerned parties can also contest it. If there are disagreements, the court may hold a hearing to determine what’s in the person’s best interest.

How long does it take to set up a conservatorship?
The process can take several months, depending on the complexity of the case and whether anyone objects. If an urgent situation arises, the court may approve a temporary conservatorship while reviewing the case for a longer-term solution.

What rights does a conservatee lose?
A conservatorship limits certain rights, but the court tries to keep the person as independent as possible. For example, if a conservatorship of the estate is granted, the conservatee may no longer handle financial matters like paying bills or managing investments. If a conservatorship of the person is granted, they may need assistance making medical or housing decisions.

Can a conservatorship be changed or ended?
Yes. If the conservatee’s condition improves, they or a concerned family member can ask the court to review or end the conservatorship. A California conservatorship lawyer can help file the necessary paperwork and present evidence that a change is needed.

Are there alternatives to a conservatorship?
Sometimes, other legal tools can provide support without requiring a formal conservatorship. Options like a power of attorney, advance healthcare directive, or living trust may allow a trusted person to step in and help manage decisions. A conservatorship should only be considered if these alternatives are not available or no longer effective.

How does the court oversee a conservatorship?
Once a conservatorship is in place, the court checks in regularly to make sure everything is being handled properly. The conservator must file reports, provide updates on financial management, and, in some cases, attend court hearings to ensure they are acting in the conservatee’s best interest.

What if a conservator isn’t acting responsibly?
If a conservator is mismanaging money, neglecting the conservatee, or abusing their power, the court can remove them. A concerned family member or a California conservatorship attorney can help investigate the issue and request a change in conservatorship if needed.

How can a California conservatorship lawyer help?
A conservatorship attorney can guide you through the legal process, help you gather the right documents, represent you in court, and ensure your loved one’s rights and best interests are protected.

Peck Firm PC has experience with all types of conservatorship disputes. Contact us today for a consultation.