Estate & Capacity

What Is a Conservatorship in California Family Law

When an adult can no longer care for themselves or manage their finances

Conservatorships are one of the most misunderstood areas of California law. The word itself conjures images of court battles over celebrity estates, but most conservatorships involve ordinary families dealing with aging parents, adult children with disabilities, or spouses who have lost the ability to manage their own affairs. A conservatorship is a court proceeding in which a judge appoints a responsible person or entity, called a conservator, to care for another adult, called a conservatee, who cannot care for themselves. At Hayat Family Law, we handle conservatorship matters for clients in Woodland Hills and Calabasas whose family situations require court supervised protection. This article explains the different types of conservatorships in California, how they work, and how they can intersect with divorce proceedings.

Conservatorship of the Person vs. Conservatorship of the Estate

Under California Probate Code section 1801, there are two basic types of conservatorship within the probate system. A conservatorship of the person gives the conservator authority over the conservatees daily personal care, including decisions about where they live, what they eat, their clothing, their medical treatment, and their personal safety. A conservatorship of the estate gives the conservator authority over the conservatees financial affairs, including collecting income, paying bills, managing investments, and protecting assets.

A conservatorship can be of the person only, the estate only, or both. The court tailors the scope of the conservatorship to the conservatees actual needs. If an elderly parent can still manage their own daily care but has become vulnerable to financial exploitation, the court might appoint a conservator of the estate only. If an adult with a developmental disability can manage simple finances but needs help with medical decisions and housing, the court might appoint a conservator of the person only.

General Conservatorship: When Adults Cannot Manage Their Own Affairs

A general conservatorship is the most common type and applies to adults who cannot manage their personal care, finances, or both due to age, illness, injury, or cognitive decline. Dementia, Alzheimers disease, stroke, traumatic brain injury, and severe mental illness are common reasons a general conservatorship is sought. The petitioner, usually a family member, files a petition with the probate court alleging that the proposed conservatee lacks the capacity to handle their own affairs.

The court appoints an investigator who interviews the proposed conservatee, reviews medical records, and prepares a report for the judge. The proposed conservatee has the right to an attorney and the right to contest the conservatorship. If the conservatee objects, the court holds a trial where evidence is presented on both sides. The burden is on the petitioner to prove by clear and convincing evidence that the conservatorship is necessary.

Once appointed, the conservator has significant duties. They must act in the best interest of the conservatee, avoid conflicts of interest, and seek court approval for major decisions such as selling real estate, making large gifts, or changing the conservatees residence. The conservator must also file annual accountings with the court if they are managing the estate.

Limited Conservatorship: For Adults with Developmental Disabilities

Under Probate Code section 1801(d), a limited conservatorship is designed specifically for adults with developmental disabilities. Unlike a general conservatorship, which grants broad authority, a limited conservatorship grants only the specific powers the conservatee needs help with. The law requires that a limited conservatorship be the least restrictive form of intervention appropriate for the conservatee.

Developmental disabilities include conditions such as autism, cerebral palsy, intellectual disability, and epilepsy, provided the condition originated before age 18 and constitutes a substantial handicap. In a limited conservatorship, the conservatee is not presumed incompetent and retains all legal and civil rights except those specifically granted to the limited conservator by court order. The specific powers a court may grant are enumerated in Probate Code section 2351.5 and include matters such as deciding where the conservatee lives, consenting to medical treatment, and entering into contracts.

Limited conservatorships are commonly used by parents of adult children with disabilities who need ongoing support but who also have the ability to make some decisions for themselves. The goal is to protect the conservatee while preserving as much independence as possible.

LPS Conservatorship: Mental Health and Gravely Disabled Adults

LPS conservatorships are established under the Lanterman Petris Short Act, found in California Welfare and Institutions Code sections 5000 through 5550. They apply to individuals who are gravely disabled due to a mental health disorder and cannot provide for their own basic needs for food, clothing, and shelter. Unlike probate conservatorships, which can be initiated by family members, LPS conservatorships can only be petitioned by the county public guardian or a designated mental health agency.

LPS conservatorships have several unique features. They are initially granted for one year and must be renewed annually. The conservatee has the right to a jury trial to contest the conservatorship. And perhaps most significantly, an LPS conservatorship can authorize involuntary placement in a locked psychiatric facility, something a probate conservatorship generally cannot do.

These conservatorships are not initiated by families. They are initiated by county mental health professionals when an individual has been repeatedly hospitalized for mental health crises and cannot be safely maintained in the community without court ordered supervision. If you have a family member with severe mental illness, you may need to work with the county mental health system rather than filing in probate court.

How Conservatorship Intersects with Divorce

Conservatorship and divorce can collide in unexpected ways. If one spouse develops dementia or severe mental illness during the marriage, the other spouse may petition for a conservatorship to manage their affairs. If the healthy spouse then files for divorce, the court must address both the dissolution of the marriage and the ongoing need for protection of the incapacitated spouse.

California courts have held that a conservatorship does not automatically prevent a divorce from proceeding. The conservatee can still be a party to the dissolution, though they will need a guardian ad litem or their conservator to represent their interests. The court must ensure that the division of property and any spousal support award accounts for the conservatees ongoing care needs. If the conservatee lacks capacity to make decisions about the divorce, the conservator may make those decisions on their behalf, subject to court oversight.

In some cases, the spouse seeking the divorce is also the conservator of the incapacitated spouse. This creates an obvious conflict of interest. Courts are wary of allowing a spouse to use a conservatorship to gain an advantage in divorce proceedings. If a conflict exists, the court may appoint a neutral professional conservator or a guardian ad litem to protect the conservatees interests during the divorce.

The Court Process: Petition, Investigation, Hearing, and Ongoing Reporting

Establishing a conservatorship is a multi step process. First, the petitioner files a petition in probate court, usually in the county where the proposed conservatee resides. The petition must include detailed information about the proposed conservatees condition, the proposed conservators qualifications, and the reasons the conservatorship is necessary. Under Probate Code section 1820, the petition must also include a capacity declaration from a physician or psychologist who has examined the proposed conservatee.

The court then appoints an investigator who visits the proposed conservatee, interviews family members, and prepares a report. A hearing is scheduled, and the proposed conservatee must be personally served with notice of the hearing. At the hearing, the judge reviews the evidence, hears from any objectors, and decides whether to grant the conservatorship.

If the conservatorship is granted, the conservator must file an inventory of the conservatees assets within 90 days. Under Probate Code section 1821, the conservator must also file accountings at least annually, showing all receipts and disbursements. These accountings are reviewed by the court and can be challenged by interested parties. The ongoing reporting requirements are designed to prevent abuse and ensure the conservator is fulfilling their fiduciary duties.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.