If you have a loved one struggling to care for themselves and make their own decisions, you may be wondering, “When is a conservatorship necessary in California?” Understanding the specific laws regarding conservatorship and possible alternatives can be beneficial for starting legal proceedings.

Choose Paul V. L. Campo Attorney at Law to Take on Your Unique Case

For over 30 years, Vista native attorney Paul V. L. Campo has helped countless California residents deal with all facets of estate law. He knows that every family’s situation is unique, and every new client’s case requires a custom legal strategy.

Paul values giving his clients straightforward legal advice, allowing them to take control of their case amidst California’s complex and sometimes confusing laws. He also holds extensive experience in advocating for clients within the North County Regional Center.

California Conservatorship Laws

A conservatorship is a legal responsibility granted by the court when a person cannot make their own decisions or care for themselves. A conservator is in charge of making those decisions for the conservatee. Conservatorships are typically granted when alternative options won’t work.

In 2022, 7,664,913 California residents over the age of 18 were living with a disability. The most common type of disability was cognitive disabilities, with 3,442,747 California adults reporting having a cognitive disability. In 2024, around 6.9 million elders over 65 in the U.S. had Alzheimer’s dementia.

Conservatorships can be common, and while they are a huge responsibility, they aren’t as intimidating as they sound. In California, there are a few main types of conservatorships that can be pursued, depending on your loved one’s unique situation: 

1. General conservatorship. This type gives the conservator broad authority over the conservatee’s entire life. However, any unnecessary authorities identified by the court will be excluded.
2. Limited conservatorship. This type severely limits the authority that the conservator has over the conservatee’s life.
3. Conservatorship of the person. In this type of conservatorship, the conservator is in charge of the conservatee’s personal care and well-being.
4. Conservatorship of the estate. In this type of conservatorship, the conservator is only in charge of the conservatee’s finances.

A conservatorship is typically necessary in cases of disability when an alternative option won’t work for the conservatee, such as a loved one in a coma who is unable to make their own decisions.

It can include those with mental or cognitive disabilities, as well as those who are unable to exercise judgment over their personal finances, such as those with gambling addictions. It can also be pursued for minors who inherit large estates that they cannot reasonably handle alone.

However, depending on the specific conservatee’s circumstances, a conservatorship may be deemed unnecessary. For example, if a person with schizophrenia is medicated and can make reasonable decisions for themselves, a conservatorship may not be needed.

Alternatives to Conservatorship

There are various alternatives to conservatorships in California, such as:

1. Joint bank accounts. This option allows the adult to still have control over their finances, but a trusted person can also access the account to monitor or help them manage their money.
2. Power of attorney. This legal authority allows an adult to name a trusted person to act on their behalf, either for specific or broad tasks and for a fixed or undefined period of time. For example, if a person suffers a traumatic brain injury, they may have a trusted person help them handle their financial affairs or healthcare needs while they recover. However, if the adult becomes mentally incapacitated, the power of attorney will end.
3. Social services. This option assigns a social worker to the adult to help them handle services that the adult may not be able to handle on their own. For example, a social worker can help them understand the care they receive at a doctor’s appointment, arrange for housekeeping, and transportation to needed appointments.

Pursuing a conservatorship is a major responsibility, and other options may be easier. It’s important to hire a conservatorship lawyer to help explain California laws and how the process of conservatorship works.

FAQs

Q: Who Can Serve as a Conservator in California?

A: In California, specific people can serve as a conservator. A judge will choose who serves and what they believe is right for the conservatee. If the conservatee has the mental ability to choose their conservator, they can do so. A conservator can be a spouse, domestic partner, children over 18 years old, a parent, a sibling, a professional conservator, or a professional organization. Family members can also nominate someone non-related to be a conservator.

Q: What Are a Conservator’s Responsibilities in California?

A: In California, a conservator is responsible for acting honestly and in good faith, avoiding conflicts of interest, and putting the conservatee’s needs first. Depending on the type of conservatorship, they must take care of the person’s daily life, control visitors and communication, manage their finances and property, keep accurate records for court accounting, and follow any additional court-imposed rules.

Q: How Can a Conservatorship Attorney Help Me?

A: A conservatorship attorney can help you by guiding you through the entire legal process. They’ll start by explaining California’s complex laws regarding conservatorships, help you file the case with your local courthouse, gather important documents and evidence related to your case, represent you during legal hearings, and help you understand the full scope of your duties and future responsibilities as a conservator.

Q: What Are the Legal Consequences in California if a Conservator Abuses Their Power?

A: In California, if a conservator abuses their power, there are several legal consequences they may face. Depending on what they did, they’ll have to pay back any lost property or money, give back any profits they gained from selling property, face up to $5,000 in fines for each violation, be removed as the conservator, or face civil or criminal charges, depending on the offense.

Hire a Conservatorship Lawyer Today

When a conservatorship is necessary in California, you need a lawyer with experience to help you explore all options. Paul V. L. Campo has spent decades helping his community with their unique needs and understands the weight conservatorships can carry. Reach out to us today.