What is a conservatorship?

A conservatorship is sometimes called a guardianship for incapacitated adults. It is a legal option that exists for families to help adult family members who are not able to care for themselves or manage their money due to a mental disability, physical or mental incapacity, or declining mental facilities.  

 The California Courts website defines conservatorship as “a court case where a judge appoints a responsible person or organization (called the ‘conservator’) to care for another adult (called the ‘conservatee’) who cannot care for himself or herself or manage his or her own finances.”

A person can request to be a conservator of the person, a conservator of the estate, or both. A conservator of the person is responsible for the conservatee’s health and well-being. A judge will have to find that the conservatee is unable to take care of his/her own health in order for the conservator to be granted this responsibility. If the conservatorship of the person is granted, the conservator should make sure that the conservatee has food, clothing, shelter, and healthcare. The conservator is also responsible for making medical decisions on behalf of the conservatee.

A conservator of the estate is responsible for managing the conservatee’s finances. In order to be conservator of the estate, a judge will need to find that the conservatee is unable to manage his or her own finances. If the conservatorship of the estate is granted, the conservator will need to pay bills on behalf of the conservatee, manage his/her bank accounts, along with other financial matters. A conservator of the estate will be required to pay a bond to the court and provide an accounting to the court, to prevent misuse of the conservatee’s estate.

In order for a conservatorship to be granted, the petitioner must explain to the court why conservatorship is the best option. The conservator needs to consider power or attorney, along with other alternatives, and explain to the court why conservatorship is the best fit.

Most of the time, it is the proposed conservatee’s spouse, child, or other relative who requests to be appointed conservator. However, any interested person can request to be appointed conservator. The judge will make his/her decision based on the best interest of the conservatee.

If you or someone you know is interested in learning more about becoming a conservator in Los Angeles or Orange County, feel free to contact our office. Please note that this article is for informational purposes only, not legal advice and not intended to create an attorney-client relationship.