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A conservatorship gives one person legal authority to make decisions for another adult who can no longer manage their own affairs.
Whether due to age, illness, or disability, many conservatorships are established without controversy, but families often disagree about who is best suited to serve, whether a conservatorship is even necessary, or whether an existing conservator is acting in the protected person's best interests.
Families in a conservatorship fight are frequently dealing with related matters at the same time, such as beneficiary rights under an existing trust or contested probate matters after a death.
If you are trying to establish a conservatorship, the process starts with a petition explaining why the proposed conservatee can no longer safely manage their own care or finances, and why the authority you are requesting is no broader than necessary. Courts require clear and convincing evidence that the statutory grounds are met, so documenting the specific incidents and needs behind the petition matters from the outset.
If your family is trying to prevent or oppose a conservatorship, you can file a formal objection, propose a less restrictive alternative, or contest who has petitioned to serve. Courts take these objections seriously, particularly where a workable alternative to a full conservatorship already exists.
If you are the proposed conservatee objecting to the petition yourself, you generally have the right to be present at the hearing, to be represented by an attorney, and to contest both whether a conservatorship is warranted at all and who should serve if one is granted.
California recognizes different types of conservatorships depending on the circumstances.
A general or limited probate conservatorship applies to an adult who cannot manage personal care or finances. An LPS conservatorship under the Lanterman-Petris-Short Act is a separate form of conservatorship for a person who meets California's statutory definition of "gravely disabled" because of a qualifying behavioral health condition, and LPS proceedings follow different procedures, standards, and protections from probate conservatorships. Each involves its own petition process, standard of proof, and ongoing court oversight, and disputes can arise at any stage, from the initial appointment to allegations of later abuse.
The stakes in these cases go beyond finances.
A conservatorship touches where a person lives, who makes their medical decisions, and how their assets are protected. When a conservator abuses that authority, isolates the conservatee from family, or mismanages their estate, prompt court intervention can be necessary to protect a vulnerable person who may not be able to advocate for themselves.
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Conservatorship FAQs
A conservatorship of the person gives the conservator authority over an individual's daily care, including housing, meals, and medical decisions. A conservatorship of the estate gives the conservator authority over the person's finances and assets. Courts can grant either type alone or both together, depending on the conservatee's needs.
A probate conservatorship addresses adults who cannot manage their personal care or finances due to age, illness, or disability. An LPS conservatorship applies to individuals who meet California's statutory definition of grave disability because of a qualifying mental health or substance-use condition and is governed by a separate legal framework from probate conservatorships.
California courts generally give preference to a spouse, adult child, or other close relative, but any competent adult can petition to serve, and the court will consider who is best able to act in the proposed conservatee's interest. Where family members disagree over who should serve, the court resolves the dispute based on the conservatee's best interests.
Warning signs include unexplained withdrawals or transfers from the conservatee's accounts, failure to file required accountings, isolating the conservatee from family and friends, neglecting their medical or personal care needs, and living arrangements that appear to benefit the conservator more than the conservatee.
If a petition has been filed and you believe a conservatorship isn't necessary, you or another interested party can file a formal objection before the hearing, present evidence that less restrictive alternatives exist, and ask the court to deny the petition. If a conservatorship has already been granted, interested parties, including the conservatee, can later petition the court to terminate it.
Conservatorship abuse occurs when a conservator uses their court-granted authority against the conservatee's interests rather than for their protection, for example by mismanaging or misappropriating assets, isolating the conservatee from family, or neglecting their medical or personal care. Suspected abuse can be reported to the court and may support a petition to remove the conservator.
Yes. The proposed conservatee or other interested parties can object to a conservatorship petition, argue that less restrictive alternatives exist, or contest who should be appointed. California requires clear and convincing evidence that the statutory grounds for a conservatorship are satisfied, and probate conservatorships must be tailored as the least restrictive alternative needed to protect the proposed conservatee.
An interested party can petition the probate court to remove a conservator for failing to provide adequate care, mismanaging assets, or otherwise acting against the conservatee's best interests. The court can appoint a successor conservator and, where warranted, order the removed conservator to account for and repay any losses.
Yes. A conservatorship can be terminated if the conservatee regains capacity, or in the case of an LPS conservatorship, when it is no longer necessary. Interested parties, including the conservatee, may petition the court to end the conservatorship and restore the person's full legal rights.
Removing a conservator generally starts with documenting your concerns, whether that involves missing money, neglected care, or a pattern of decisions that don't serve the conservatee. An interested party then petitions the probate court, which can suspend or remove the conservator and appoint a successor while the matter is resolved.
Conservatorship is meant to be used only when less restrictive options aren't sufficient. Depending on the person's needs, alternatives can include a durable power of attorney, an advance health care directive, supported decision-making arrangements, or a trust already in place to manage assets. Which alternative fits, if any, depends on whether valid documents exist and the person's current capacity.
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Results depend on the specific facts and law of each matter. Prior results do not guarantee or predict a similar outcome in any other case.