Conservatorship Services:
Your Loved Ones Deserve the Best Care

When infirm adults can no longer provide safe and effective self-care, another person must step up to help. That person can obtain both the power and authority to act on behalf of the infirm adult by applying for a conservatorship.

Conservatorships are court proceedings where judges appoint responsible people as conservators for infirm or developmentally disabled adults. Some states call them living probates. Just about anyone, including the proposed conservatee, can file a petition for conservatorship. Your conservatorship attorney can tell you that in California, the court appoints conservators according to the following order of priority:

1.) Spouse;
2.) Adult child,
3.) Parent,
4.) Sibling,
5.) Any other interested person,
6.) The public guardian

If the person with the highest priority declines to act, he or she can nominate another person. If all qualified family members and friends refuse to serve, the court will likely appoint a private professional fiduciary, public guardian, or consult with guardianship attorneys to finalize a placement.

Probate judges must find that a proposed conservatee lacks the ability to provide for self-care and protection before appointing a conservator. In California, appointments take about eight weeks from the filing date and may take longer if there is opposition. In rare cases of extreme urgency, the judge may appoint a temporary conservator within a couple of days. Our conservatorship attorney will analyze the facts and circumstances of your case to determine if it’s time for a conservatorship.

Conservatorship attorneys and the conservators they represent are entitled to reasonable compensation for their services, payable from the conservatee’s estate. First, they must file fee petitions with the probate court. Any interested person can object to unreasonable fee requests. Judges will review fee petitions and any objections before approving the requests. Once approved, conservators may pay their attorneys and themselves from the conservatee’s bank accounts.

Conservatorships have two parts: a conservatorship over the “person,” and a conservatorship over the “estate.” A conservatorship over the “person” includes the authority to make decisions regarding a conservatee’s day-to-day activities such as where they live, what they do, how they do it, and who they do it with. A conservatorship over the “estate” includes the authority to make decisions about the conservatee’s assets such as managing rental property, collecting income, paying bills, and investing. The scope of a conservator’s authority may include both the “person” and “the estate,” or it may be limited to one or the other. Ask one of our conservatorship attorneys if you should seek a conservatorship over the estate, person, or both.

Conservatorships have two parts: a conservatorship over the “person” and a conservatorship over the “estate.” A conservatorship over the “person” includes the authority to make decisions regarding a conservatee’s day-to-day activities such as where they live, what they do, how they do it, and who they do it with. A conservatorship over the “estate” includes the authority to make decisions about the conservatee’s assets such as managing rental property, collecting income, paying bills, and investing. The scope of a conservator’s authority may include both the “person” and “estate,” or it may be limited to one or the other. Ask one of our conservatorship attorneys if you should seek a conservatorship over the estate, person, or both.

Regular conservatorships are the most common. They help aging adults who are suffering from diminishing mental capacities. Conservators in regular conservatorships usually have full decision-making powers.

Limited conservatorships have similarities with regular conservatorships, except they only benefit developmentally disabled adults (typically someone with autism or an IQ of 70 or less). Conservators in limited conservatorships have limited authority because most developmentally disabled adults are capable of making some decisions.

LPS conservatorships benefit people with serious mental illnesses that require special care and treatment. LPS conservatees typically live in locked facilities or receive powerful medicine to control their behavior. For people suffering from dementia, LPS conservatorships are not appropriate and instead should be conserved under a regular conservatorship proceeding.

Conservatees typically share some of the following characteristics: they can no longer effectively perform daily tasks such as shopping for food, making meals, bathing, dressing, cleaning the house, driving a vehicle, protecting and defending themselves, keeping accurate records, accounting for their money, or paying bills. They often feel lonely, isolated, and withdrawn. They are susceptible to fraud and inheritance theft scams.

Knowing when to seek a conservatorship can be difficult. The “right time” is not always obvious because a proposed conservatee may appear lucid one day and confused the next. Denial about a parent’s advancing age may also cloud the warning signs. A proposed conservatee’s desire for prolonged independence is understandable but may come with significant risks to their health, safety, and financial stability. When conserving a loved one is the only safe option, consider seeking advice and counsel from a California conservatorship attorney. An experienced lawyer can help get you appointed as a conservator. Or, conversely, they can help you remove a bad conservator, or even help terminate unnecessary conservatorships.

A limited conservatorship is a specialized legal proceeding designed for adults with developmental disabilities who cannot fully care for themselves or their finances. Unlike a general conservatorship, the court only grants the conservator specific powers, such as the right to fix a residence or consent to medical treatment, while allowing the conservatee to maintain as much independence as possible. This process typically begins as a child transitions into adulthood at age eighteen. Our conservatorship attorney California team works closely with families to navigate the Regional Center requirements and court investigations necessary to secure these protections while honoring the dignity and self-reliance of the individual.

A mental health conservatorship, often referred to as an LPS conservatorship, is strictly for individuals who are “gravely disabled” due to a serious mental health disorder. Unlike standard probate matters, these cases often involve involuntary placement in a locked treatment facility and mandatory psychiatric care. The legal standards are much higher because the individual’s civil liberties are at stake. A mental health conservatorship California court requires specific clinical evidence from psychiatrists to prove the person cannot provide for their own food, clothing, or shelter. Our firm provides the aggressive legal representation needed to ensure that vulnerable family members receive the intensive professional care they require.

You should seek an emergency conservatorship California order when there is an immediate threat of significant physical or financial harm to a loved one. This “temporary” status acts as a bridge while the court processes the permanent petition. Common triggers include a sudden medical crisis, elder abuse, or a senior being targeted by financial predators. Because these orders can be granted within twenty-four to seventy-two hours, the court requires clear and convincing evidence of the urgency. Our conservatorship lawyer California experts specialize in drafting the expedited filings and “good cause” statements required to move the court quickly during a family’s most desperate moments.

A conservator of the estate is legally responsible for managing and protecting the conservatee’s financial assets. This includes creating a detailed inventory and appraisal of all property, collecting income like Social Security or pensions, and paying monthly bills. The conservator must act as a fiduciary, meaning they must put the conservatee’s interests above their own at all times. In California, you are required to file regular accountings with the probate court to prove that every dollar was spent appropriately. Our conservatorship lawyer california team assists fiduciaries in maintaining these meticulous records to avoid personal liability and potential litigation from other concerned family members.

To obtain a temporary conservatorship, a petitioner must file specific court forms, including the GC-111 petition, alongside a permanent conservatorship request. You must demonstrate “good cause,” which usually involves a medical emergency or immediate financial risk. Once the judge reviews the emergency filing, they may issue “Letters of Temporary Conservatorship” that expire on a set date, typically the day of the permanent hearing. Because the notice requirements for temporary orders are much shorter than standard petitions, accuracy is vital. Our conservatorship attorney California group ensures that all relatives receive proper legal notice and that the evidence for urgency meets the strict probate court standards.

A permanent conservatorship in California typically takes between eight and twelve weeks from the initial filing to the final court hearing. This timeline allows for the court-appointed investigator to interview the proposed conservatee and for all legal notices to be mailed to qualifying relatives. If there is opposition from the conservatee or other family members, the process can extend into several months of litigation. During this waiting period, many families rely on an emergency conservatorship to handle immediate needs. Our firm manages the complex calendar of filings and investigator meetings to ensure your case stays on track for a timely judicial decision.

The proposed conservatee has significant legal protections under the California Probate Code. They have the right to receive formal notice of the proceedings, the right to attend the hearing, and the right to be represented by an attorney. If they cannot afford one, the court will appoint counsel for them. They also have the right to a jury trial if they wish to contest the finding of incapacity. Because a mental health conservatorship or general probate conservatorship strips away fundamental rights, the court ensures that the “least restrictive alternative” is always considered first. Our firm respects these boundaries while fighting for the client’s safety.

Yes, a conservatorship can be terminated if the conservatee regains capacity or if the protective order is no longer necessary. This requires filing a “Petition for Termination of Conservatorship” with the probate court. The judge will typically review new medical evaluations or reports from a court investigator to confirm that the person can once again manage their own self-care or finances. In a limited conservatorship, the court may also modify the specific powers granted to the conservator as the adult develops more independence. Our law firm assists families in transitioning out of these legal structures when they have successfully served their protective purpose.