A conservatorship is a court proceeding in which a judge appoints a responsible person or organization to assist an adult who cannot adequately provide for personal needs, manage finances, or resist fraud or undue influence.

Because a conservatorship can significantly restrict a person’s rights, the court must consider whether less-restrictive alternatives—such as powers of attorney, advance health care directives, trusts, or supported decision-making—would provide sufficient protection.

A conservatorship may cover personal care, financial matters, or both.

A conservator of the person may be responsible for:

• Arranging appropriate care and supervision
• Addressing housing and placement needs
• Coordinating medical care
• Providing for food, clothing, transportation, and personal needs
• Supporting the conservatee’s safety and well-being

A conservator of the estate may be responsible for:

• Locating and protecting assets
• Collecting income and paying expenses
• Preparing budgets and maintaining financial records
• Managing property and investments
• Filing inventories, accountings, and other required court documents

The court’s order determines the conservator’s authority. Certain important transactions may require separate court approval.

A general conservatorship may be appropriate for an adult who is unable to provide properly for personal needs or is substantially unable to manage financial resources or resist fraud or undue influence.

General conservatorships commonly involve adults affected by dementia, serious illness, injury, or another significant impairment.

A limited conservatorship is designed for an adult with a developmental disability. The conservatee retains all legal and civil rights except those the court specifically grants to the limited conservator.

A limited conservatorship should grant only those powers necessary to protect the individual while encouraging the greatest possible independence and self-reliance.

A temporary conservatorship may be requested when immediate protection is necessary while a general or limited conservatorship petition is pending.

The temporary conservator receives only the powers granted by the court. Requests involving a change of residence or other substantial restrictions may require additional evidence, notice, investigation, and specific judicial findings.

A Lanterman-Petris-Short, or LPS, conservatorship is a separate proceeding for a person who is gravely disabled because of a qualifying mental health condition or, where applicable, a severe substance-use disorder.

Unlike a probate conservatorship, an LPS proceeding generally must be initiated through designated county mental-health professionals. A family member cannot directly file an LPS petition.

Depending on the circumstances, the court may appoint:

• A spouse or domestic partner
• An adult child or another relative
• A trusted friend
• A licensed professional fiduciary
• An eligible nonprofit organization
• The county public guardian

The court considers the proposed conservatee’s wishes, the statutory order of preference, the proposed conservator’s qualifications, possible conflicts of interest, and the person’s ability to perform the required duties.

The process generally includes:

1. Filing a petition and supporting documents.
2. Giving the required notice to the proposed conservatee, relatives, and other interested persons.
3. Investigation and interviews by a court investigator.
4. Appointment of counsel when required.
5. A court hearing to determine whether a conservatorship is necessary and what powers should be granted.
6. Filing the required oath, bond, and other post-appointment documents.
7. Issuance of Letters of Conservatorship establishing the conservator’s authority.

A medical capacity declaration may be required depending on the relief requested. It is completed by an authorized medical or mental-health professional—not by the proposed conservator.

A conservator is a fiduciary and must act in the conservatee’s best interests. Depending on the appointment, continuing responsibilities may include:

• Filing inventories and appraisals
• Maintaining complete financial records
• Filing periodic accountings
• Reporting on the conservatee’s residence and well-being
• Obtaining court approval before taking specified actions
• Using the least-restrictive appropriate care and living arrangements
• Keeping the conservatee informed and involved in decisions to the extent possible

Certified Letters of Conservatorship are commonly used to demonstrate authority to financial institutions, medical providers, government agencies, and others.

A conservatorship may end or change when:

• The conservatee dies
• The court determines that the conservatorship is no longer necessary
• A limited conservatee no longer requires some or all of the previously granted powers
• The conservator resigns, dies, or is removed and a successor is appointed

Court filings, a final accounting, and an order discharging the conservator may still be required before the conservator’s responsibilities are fully concluded.

The Law Offices of Oliver Greenwood assists families, conservators, proposed conservatees, and other interested parties with:

• General and limited conservatorship petitions
• Temporary conservatorships
• Contested proceedings
• Appointment of successor or additional co-conservators
• Requests for specific conservatorship powers
• Accountings and ongoing administration
• Modification or termination of conservatorships

We provide practical guidance through every stage of the proceeding while remaining attentive to the conservatee’s rights, needs, and independence.

If you believe that a family member needs assistance or if you have been asked to serve as conservator, we can help you understand the available options and determine the appropriate next steps.