When someone you love can no longer make decisions for themselves, it’s natural to feel overwhelmed and unsure of what to do next. Whether it’s an aging parent, a family member with a serious illness, or an adult child with a developmental disability, you want to protect them. But the legal process for doing so can feel confusing and intimidating.
A conservatorship may be the right path forward, and you don’t have to figure it out alone. Our attorneys at Weiner Law guide families through every step of the conservatorship process in Los Angeles with focused, prepared, and relentless advocacy. We’ll help you understand your options, handle the court proceedings, and make sure your loved one’s interests are protected.
Call 866-273-8652 to schedule a consultation with our team. We’re here to help.
What is a conservatorship in California?
A conservatorship is a legal arrangement where a court appoints a responsible person (called a conservator) to care for an adult who cannot fully manage their own affairs. A conservator might make decisions about the person’s daily life, their finances, or both.
In California, the Probate Code governs conservatorships. This code protects adults who are unable to provide for their own personal needs or manage their financial resources due to age, illness, cognitive decline, or disability.
It’s important to understand that a conservatorship removes certain rights from the person (called the conservatee). Because of this, California courts take these cases seriously and require clear evidence that the conservatorship is necessary. The court’s primary concern is always the well-being and protection of the proposed conservatee.
Conservatorship of the person vs. conservatorship of the estate
California recognizes two main types of conservatorships, and a family may need one or both depending on the situation.
Conservatorship of the person
Conservatorship of the person gives the conservator authority to make decisions about the conservatee’s daily life and personal care, including housing, medical treatment, food, clothing, and overall well-being. A conservator of the person ensures the conservatee is safe, properly cared for, and living in an appropriate environment.
Conservatorship of the estate
Conservatorship of the estate grants the conservator authority to manage the conservatee’s financial affairs. That oversight can include paying bills, managing investments, handling income, and protecting assets. The conservator of the estate has a legal duty to manage these finances responsibly and in the conservatee’s best interest.
In many cases, the court appoints the same person to serve in both roles. However, it’s also possible for different individuals to handle each type depending on the family’s circumstances and what makes the most sense for the conservatee.
When is a conservatorship needed?
A conservatorship may be necessary when an adult is unable to care for themselves or manage their finances, and no other legal arrangements are in place. Common situations include:
– An elderly parent with advanced dementia or Alzheimer’s disease who can no longer make safe decisions.
– A family member who has suffered a severe stroke or traumatic brain injury.
– An adult with a serious mental health condition that impairs their ability to function independently.
– A loved one who is vulnerable to financial exploitation or abuse.
– An adult child with a developmental disability who needs ongoing support.
If the person previously created a power of attorney or other estate planning documents, a conservatorship may not be needed. But when no such documents exist (or when they’re no longer sufficient), a conservatorship is often the only legal option.
Does your situation require a conservatorship? Contact Weiner Law at 866-273-8652 to discuss your family’s circumstances with a conservatorship lawyer in Los Angeles.
How the conservatorship process works in Los Angeles
Filing for a conservatorship in Los Angeles involves several steps and court oversight. Here’s a general overview of the process.
Petition filing. The process begins with filing a petition in Los Angeles County Superior Court. The petition identifies the proposed conservatee, the proposed conservator, and the reasons for a conservatorship.
Notice and investigation. The court requires that the proposed conservatee, their close relatives, and other interested parties receive notice of the petition and its hearing date. A court investigator will typically interview the proposed conservatee and file a report with the court.
Capacity assessment. In many cases, the court will require a medical or psychological evaluation to determine whether the proposed conservatee truly lacks the capacity to handle their own affairs.
Court hearing. A judge reviews all the evidence, the investigator’s report, and any objections from family members or the proposed conservatee. The judge then decides whether to grant the conservatorship and appoint the conservator.
Letters of conservatorship. If the petition is granted, the court issues Letters of Conservatorship. This letter is the official document that gives the conservator legal authority to act on behalf of the conservatee.
The timeline varies depending on the complexity of the case and whether anyone contests the petition. Straightforward cases may be resolved in a few months, while contested conservatorships can take significantly longer.
Duties and responsibilities of a conservator
Being appointed as a conservator is a serious responsibility. The court holds conservators to a high standard, and failing to fulfill these duties can result in legal consequences.
A conservator’s duties typically include:
– Acting in the conservatee’s best interest at all times.
– Providing for the conservatee’s basic needs (if conservator of the person).
– Managing finances responsibly and keeping detailed records (if conservator of the estate).
– Filing regular accountings and reports with the court.
– Seeking court approval for major decisions (such as selling property or moving the conservatee).
– Keeping the conservatee’s assets separate from their own.
The court maintains ongoing oversight, and conservators must comply with reporting requirements. If you’ve been asked to serve as a conservator, having an experienced conservator attorney in Los Angeles by your side can help you fulfill these obligations properly and avoid costly mistakes.
Alternatives to conservatorship
Because a conservatorship limits an individual’s rights, California courts prefer less restrictive alternatives when possible. Before pursuing a conservatorship, it’s worth exploring whether other options can meet your loved one’s needs.
Power of attorney: If the person still has capacity, they can voluntarily appoint someone to manage their finances or healthcare decisions through a durable power of attorney.
Advance healthcare directive: This allows a person to name a healthcare agent and outline their medical wishes in advance.
Representative payee: For individuals who receive Social Security benefits, a representative payee can be appointed to manage those specific funds.
Supported decision-making: This newer approach allows a person with a disability to choose trusted advisors who help them make decisions without removing their legal rights.
Our attorneys can help you evaluate which option is right for your family. Sometimes a conservatorship is the only answer, while other times, a simpler solution works just as well.
Limited conservatorships in California
California also provides limited conservatorships, which are specifically designed for adults with developmental disabilities. Unlike a general conservatorship, a limited conservatorship allows the conservatee to retain as many rights as possible while still receiving the support they need.
The court carefully evaluates which specific powers the conservator needs and grants only those authorities. A limited conservatee might retain the right to make decisions about their social life, where they live, or their medical care, while the conservator handles other areas, such as finances.
Regional centers in California play an important role in limited conservatorship cases, often providing reports and recommendations to the court.
How Weiner Law helps with conservatorship cases in Los Angeles
Conservatorship matters involve deeply personal family situations, complex court procedures, and significant legal responsibilities. Whether you’re petitioning to become a conservator, responding to a conservatorship petition, or need help with ongoing conservator duties, our attorneys are here to guide you.
At Weiner Law, we provide focused, prepared, and relentless advocacy for families navigating conservatorships across Los Angeles County and throughout Southern California. Our team handles every aspect of the process, from preparing and filing the petition to representing you at court hearings and helping you meet your ongoing obligations.
We understand that these cases often come with emotional weight. You’re making difficult decisions about someone you love, and you need attorneys who will listen, explain your options clearly, and act decisively on your behalf.
Our Los Angeles office is located at 445 S Figueroa St, Suite 3100, Los Angeles, CA 90071. We serve clients from offices throughout California, with headquarters in San Diego (12626 High Bluff Drive, Suite 440, San Diego, CA, 92130)
If you’re considering a conservatorship or need guidance on your responsibilities as a conservator, call 866-273-8652 to schedule a consultation with our team. We’ll help you understand your options and take the right steps to protect your loved one.
If you’re facing a legal matter involving trusts, probate, estate planning, or litigation, our team is here to help. With offices in San Diego and Los Angeles, Weiner Law serves clients throughout Southern California and beyond. Contact us today to schedule a consultation and learn how we can put our experience to work for you.
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