No one should be subject to a conservatorship that is unnecessary. With the right legal strategy, a proposed conservatorship may be blocked or an existing conservatorship terminated.
When used appropriately, conservatorships are valuable legal tools that protect adults who lack the capacity to manage their own financial affairs or personal care. By appointing a trusted individual (the conservator) to make decisions on behalf of an incapacitated adult (the conservatee), conservatorships help establish safeguards vulnerable individuals require for their financial or physical protection.
That said, conservatorships are also among the most restrictive legal arrangements available. When imposed unnecessarily or maintained after they are no longer needed, they can deprive an individual of fundamental rights, independence, and autonomy, sometimes leading to adverse emotional and psychological effects.
For that reason, California courts do not establish conservatorships lightly. Before granting one, the court generally must find sufficient evidence that the proposed conservatee lacks the capacity to manage their own affairs and that a conservatorship is necessary to protect their health, safety, or finances. Even after a conservatorship has been established, it may be challenged if circumstances change or if the conservator fails to act in the conservatee’s best interests.
Conservatorship disputes could arise in many different situations, such as:
- A proposed conservatee retains sufficient capacity to live independently despite a medical diagnosis.
- A family member is seeking a conservatorship even though a valid power of attorney already provides a less-restrictive means of managing the individual’s affairs.
- An existing conservatorship no longer is necessary because the conservatee has regained mental capacity.
- A conservator needs to be replaced due to suspected mismanagement, fiduciary misconduct, or elder financial exploitation.
Regardless of the circumstances, no one should remain subject to a conservatorship that is unnecessary or causing harm.
Although contesting a conservatorship can be challenging, the right legal strategy can prevent an unwarranted conservatorship from being established, terminate one that is no longer justified, or remove and replace a conservator who fails to fulfill their fiduciary duties. However, replacing a conservator does not terminate the conservatorship itself.
Whether you are objecting to a proposed conservatorship or seeking to modify or terminate an existing one, an experienced California probate attorney can help you navigate the legal process, protect your rights, and pursue the best possible outcome.
Can a Conservatorship Be Contested?
In California, a conservatorship can absolutely be contested, either before it is established or after it is already in place.
Conservatorship disputes span a wide spectrum. For example, someone may object to a proposed conservatorship because it is unnecessary or because a less-restrictive alternative, such as a valid trust, already exists. Or they may object to the appointment of a proposed conservator on the grounds the individual is unqualified or unsuitable to serve.
Once a conservatorship has been established, it may be contested if the conservatee regains capacity, or interested parties may seek to remove and replace the conservator if they breach their fiduciary duties or otherwise harm the conservatee. However, replacing a conservator only changes who serves in the role; it does not terminate the conservatorship itself.
Disputes may also arise during the administration of an existing conservatorship. For example, interested parties may object to inaccurate or incomplete accountings or challenge decisions that result in significant financial losses to the conservatee. In more serious cases, these disputes may lead to the conservator’s removal and replacement.
Because conservatorships significantly restrict an individual’s personal freedoms, California courts do their due diligence to ensure a conservatorship is justified prior to establishing it or continuing it.
Although contesting a conservatorship can be challenging, no one should remain subject to an unnecessary conservatorship or unfit conservator. When the facts support it, objecting to a proposed conservatorship or seeking to modify or terminate an existing one can help protect the conservatee’s rights and general wellbeing.
How to Fight a Conservatorship
Fighting a proposed conservatorship generally requires the respondent to challenge the petitioner’s claims that a conservatorship is necessary, or present evidence that an existing conservatorship is no longer needed.
In many cases, contesting a proposed conservatorship is easier than overturning one that has already been established. Under California law, adults are presumed to have capacity unless the petitioner proves otherwise. Therefore, the burden of proof rests with the person seeking the conservatorship, who must establish by clear and convincing evidence that the proposed conservatee lacks the capacity to manage their personal care, finances, or both.
Here are the steps for fighting a conservatorship:
- Hire a probate attorney. Experienced legal representation can be invaluable in conservatorship disputes. An attorney can help protect the conservatee’s rights and interests, gather evidence, and present the strongest possible case. The court appoints counsel to represent the proposed conservatee unless they choose to retain their own attorney. However, interested parties seeking to challenge a conservatorship or remove and replace a conservator must hire their own attorney.
- File the appropriate objection or petition. The legal filing required depends on the type of dispute. Those opposing a proposed conservatorship should file an objection explaining why the conservatorship is unnecessary or why the proposed conservator is unsuitable. Those seeking to end an existing conservatorship or remove and replace a conservator should file the appropriate petition and provide supporting facts and evidence.
- Participate in the court investigation. California law requires a court investigator to evaluate every proposed conservatorship, whether contested or uncontested. During the investigation, the proposed conservatee and other relevant individuals may be interviewed before a report is submitted to the court. Anyone challenging a conservatorship should use this opportunity to explain their concerns and provide relevant information.
- Identify less-restrictive alternatives. A conservatorship is intended as a last-resort remedy. Existing estate planning documents, such as a valid power of attorney or trust, or alternatives like supported decision-making, may address an individual’s needs without depriving them of independence or requiring court supervision. Demonstrating that less-restrictive options are available can strengthen a challenge to a proposed or existing conservatorship.
- Gather supporting evidence. The evidence needed depends on the type of dispute. For example, someone opposing a proposed conservatorship may present evidence showing that the proposed conservatee retains capacity and can manage their affairs, while someone seeking removal of a conservator may provide evidence of misconduct, mismanagement, or harm to the conservatee. Medical records, financial documents, witness testimony, and expert opinions may all help support a claim.
- Attend the court hearing. At the hearing, the parties may present evidence, question witnesses, and make legal arguments. The court will consider whether the conservatorship should be established, terminated, or modified, or whether a conservator should be removed and replaced. An attorney can present evidence, challenge opposing arguments, and advocate for the outcome that best protects the conservatee’s rights and interests.
Who Can File a Dispute?
In California, nearly anyone with a legitimate interest in a conservatorship may object to its establishment, seek to terminate it if it is no longer necessary, or challenge the conservator’s appointment if concerns arise about their ability to serve.
Because a conservatorship can significantly restrict an individual’s rights and freedoms, California courts generally do not impose the same strict standing requirements that apply in many other civil cases. Instead, the goal is to allow those who genuinely believe the proposed or existing conservatorship is unnecessary or contrary to the proposed conservatee’s best interests to raise their concerns before the court.
Conservatorship disputes are most commonly initiated by:
- The proposed conservatee
- First- and second-degree relatives
- Close friends
- Professional fiduciaries or other interested entities
- Government agencies or advocacy organizations
What Are Common Reasons for Challenging a Conservatorship?
Conservatorships are most commonly challenged because the conservatorship is unnecessary, no longer necessary, or the person serving as conservator is unsuitable for the role.
Common grounds for challenging a conservatorship include:
- The conservatee has capacity. A finding of incapacity may be challenged if it was reached in error, based on isolated incidents rather than an ongoing inability to function, outdated, or otherwise unreliable. If the conservatee regains capacity after a conservatorship is established, termination may be appropriate.
- A less-restrictive alternative exists. A conservatorship may be unnecessary if another legal arrangement, such as a valid power of attorney, trust, or supported decision-making agreement, can adequately address the conservatee’s needs while preserving their independence.
- The petition is the product of undue influence or misconduct. A challenge may be appropriate if the conservatorship was sought under false pretenses, for personal gain, or because the conservatee was manipulated or coerced into supporting it.
- The proposed conservator is unfit to serve. A conservator may be removed and replaced if they lack the necessary qualifications, have a conflict of interest, breach their fiduciary duties, act improperly, or otherwise fail to act in the conservatee’s best interests.
What Evidence Is Needed?
Successfully challenging a proposed or existing conservatorship typically requires evidence showing that the conservatee can manage their personal or financial affairs, that a less-restrictive alternative can adequately address their needs, or that the appointed conservator is harming the conservatee or failing to fulfill their duties and should be removed and replaced.
Evidence that may support a conservatorship challenge includes:
- Medical evidence — Capacity declarations, independent medical evaluations, expert testimony, and cognitive assessments showing that the conservatee is capable of making informed decisions
- Financial records — Bank statements, bills, receipts, and other documents demonstrating responsible financial management and stability
- Support network documentation — Affidavits from family members or caregivers, or agreements with home health agencies or aides, showing the proposed conservatee has adequate support without the need for a conservatorship
- Evidence challenging the proposed conservator — Financial records, criminal records, witness testimony, or other proof suggesting the proposed conservator is unfit, unqualified, or acting for improper purposes
- Estate planning documents — Valid powers of attorney, advance health care directives, trusts, or other legal arrangements that provide a less-restrictive alternative to conservatorship
What Happens After Legal Action Is Taken?
Once an objection to a proposed conservatorship or challenge to an existing conservatorship is filed, the litigation process begins. While both types of disputes require clear and convincing evidence and court involvement, the issues the court considers are different.
After legal action has been initiated, the process generally includes the following steps:
- Mandatory legal representation. The proposed conservatee must be represented by either privately retained counsel or a court-appointed attorney. Counsel is responsible for protecting the conservatee’s legal rights and advocating for their expressed wishes throughout the proceedings.
- Initial hearing. At this hearing, the court acknowledges the objection or petition and determines how the case should proceed. If additional time is needed, the court may continue the matter. Like other litigation in civil or probate courts, contested conservatorship proceedings generally involve discovery. During this phase, both sides exchange information and gather evidence, which may include medical evaluations, depositions, interrogatories, and subpoenaed records.
- Settlement discussions or mediation. Many conservatorship disputes are resolved before trial through settlement negotiations or court-ordered mediation. A neutral mediator may help the parties reach a compromise, such as agreeing to appoint a neutral professional fiduciary instead of the family member originally nominated as conservator.
- Trial. If the parties cannot reach a resolution, the court will decide the matter at trial. Unless a jury trial is specifically requested, the case is typically heard by a judge.
When a proposed conservatorship is successfully opposed, the proposed conservatee retains their rights and autonomy and may continue managing their own personal and financial affairs.
When an existing conservatorship is successfully challenged, the court may terminate or modify the conservatorship, or remove and replace the conservator if doing so is in the conservatee’s best interests.
What Happens After a Petition Is Filed?
If the court determines that an existing conservatorship is no longer necessary or that the current conservator is no longer suitable to serve, it may modify the arrangement or altogether terminate it, depending on what it deems best for the conservatee’s specific circumstances.
After a petition is filed, one or more of the following outcomes may occur:
- Termination of the conservatorship. If the court finds that the conservatee has regained adequate capacity or that the conservatorship is no longer warranted, it may end the conservatorship. Once this happens, the conservatee can typically return to making their own financial or personal decisions, depending on the scope of the conservatorship.
- Modification of the conservatorship. If the court finds that the conservatee’s circumstances have changed but that the conservatorship remains necessary, it may alter the terms of the arrangement by tailoring it to better reflect the conservatee’s present needs or limiting the conservator’s powers. This may allow the conservatee to regain the ability to manage certain aspects of their own life while continuing to rely on limited assistance from others.
- Removal and replacement of the conservator. If the court deems that the conservatorship remains necessary but that the conservator has acted improperly or is otherwise unfit to serve, the conservator may be removed. A successor conservator typically will be appointed as a replacement.
- Court order. If the legal basis for the petition to modify or terminate the conservatorship revolves around allegations of mismanagement or misconduct, the court may issue an order requiring the conservator to produce an accounting, return improperly taken or used assets, or otherwise comply with the terms of the arrangement.
Successfully modifying or terminating an existing conservatorship can be challenging. However, when the evidence supports it, the court has broad authority to alter the arrangement to better protect the conservatee’s interests, rights, independence, and general welfare.
Do You Need a Lawyer to Contest a Conservatorship?
It is generally recommended for anyone seeking to object to, modify, or terminate a conservatorship to work with an experienced conservatorship attorney.
If you hope to achieve a specific outcome — whether that outcome entails preventing a conservatorship from being established, terminating an existing conservatorship, or removing an unfit conservator — experienced legal representation can be invaluable.
Conservatorship disputes frequently involve complex legal procedures, medical evidence, fiduciary issues, and high-stakes decisions affecting an individual’s rights, independence, and general wellbeing. An experienced California conservatorship attorney can effectively navigate these complexities, develop a compelling legal strategy, and present the strongest possible case to the court.
Consulting a knowledgeable attorney helps ensure your legal options are fully evaluated and that the conservatee’s rights and best interests are vigorously protected throughout the proceedings.
Conservatorship Dispute FAQs
Still confused about how to contest a conservatorship or what is involved in the process? Explore the frequently asked questions below for additional guidance.
What is the difference between conservatorship and guardianship?
In California, the main difference between a conservatorship and guardianship is the age of the individual the arrangement is intended to protect.
A conservatorship is generally established for an adult who cannot manage their personal care or finances due to incapacity, while a guardianship is typically established for a minor whose parents are unable to provide proper care or manage the child's property.
Although both arrangements involve filing a petition with the court and court supervision once established, they are ultimately governed by different legal standards and procedures.
Have any celebrity conservatorships been contested?
Yes. Perhaps the most well-known example is the Britney Spears conservatorship, which began in February 2008 and ended in November 2021 following a lengthy and highly publicized legal battle.
The Wendy Williams conservatorship, which began in February 2022, has also drawn significant public attention due to the former talk show host's objections to the arrangement. However, unlike Spears' conservatorship, Williams' remains in place.
Can the conservatee object to conservatorship?
Yes. Both proposed conservatees and individuals already under conservatorship generally have the right to challenge the arrangement.
Before a conservatorship is established, a proposed conservatee may object to the petition and be represented by either privately retained counsel or court-appointed counsel throughout the proceedings.
If a conservatorship is already in place, the conservatee may petition the court to modify or terminate the arrangement if circumstances have materially changed. However, these requests are often subject to greater scrutiny because the court has already determined that the conservatee lacks capacity and that a conservatorship is necessary.
As a result, the conservatee typically must present compelling evidence showing that the conservatorship is no longer warranted or that continuing it is no longer in their best interests. They, too, are entitled to legal representation throughout the proceedings.
What can a conservator not do?
A conservator may not exceed the powers granted to them by the court or act in ways that prioritize someone else’s best interests over those of the conservatee.
For example, a conservator is generally prohibited from using the conservatee’s assets to benefit themselves or their family members, ignoring court orders, or otherwise breaching their fiduciary duties.
If a conservator requires clarity on what they can and cannot do, the conservatorship agreement typically lists the terms of the arrangement. A probate attorney can help conservators correctly interpret and apply the terms, providing guidance throughout the process.
Can a conservator be removed without ending the conservatorship?
Yes. A conservator who has mismanaged assets, engaged in misconduct, or otherwise breached their fiduciary duties may be removed without terminating the underlying conservatorship.
To request removal, an interested party typically must file a petition with the court seeking to modify the conservatorship. The petition should explain why the current conservator is no longer suitable to serve and, when appropriate, identify a qualified successor to assume the role.
Removing a conservator is often a more straightforward process than terminating the conservatorship itself because the need for court oversight may remain unchanged. Instead of proving that the conservatee no longer requires assistance, the focus is on demonstrating that the current conservator has failed to fulfill their duties or is otherwise not acting in the conservatee's best interests.
Does conservatorship end at death in California?
Yes. A conservatorship automatically ends upon the death of the conservatee. Although the conservator may still have limited post-death responsibilities, such as preparing a final accounting or transferring assets to the conservatee's estate, their authority generally ends at that point.
Any remaining estate administration responsibilities are typically handled by the personal representative, who is appointed through the probate process.
How much does it cost to contest a conservatorship?
The cost of contesting a conservatorship depends on several factors, including the complexity of the case, the type of evidence required, and whether the parties are able to reach a settlement or must proceed to trial.
For example, when one party petitions for a conservatorship and another objects, the matter becomes a contested probate proceeding rather than a routine administrative case. Likewise, seeking to terminate an existing conservatorship may require additional evidence, such as expert testimony, neurological testing, or updated medical evaluations, which can significantly increase costs.
In many cases, litigants may pay $50,000 or more if the matter resolves early, while cases that proceed to trial typically exceed $100,000.
That said, if a petitioner is successful in establishing a conservatorship, they generally have a right to reimbursement of their attorney’s fees from the conservatorship estate.
Is successfully contesting a conservatorship difficult?
Generally, yes. Successfully contesting a conservatorship can be especially challenging once it has already been established because courts typically do not impose conservatorships lightly or when a less-restrictive alternative would adequately protect the conservatee.
Challenging an existing conservatorship essentially requires asking the court to reconsider a prior decision made after reviewing the evidence and determining that a conservatorship was necessary to protect the conservatee's interests.
Still, successfully challenging a conservatorship is far from impossible. It typically requires compelling evidence of changed circumstances, such as regained capacity or conservator misconduct, along with skilled legal representation from an attorney experienced in complex civil litigation.
Want to contest a conservatorship?
While conservatorships can provide critical protections for individuals who cannot safely manage their own affairs, they can also significantly restrict a person’s rights and independence when unnecessary or improperly maintained. If there is evidence that a conservatorship should not be established, should be modified, or should be terminated, presenting that evidence effectively before the court is essential.
The probate attorneys at Keystone Law Group have extensive experience handling contested probate matters and complex civil litigation, including conservatorship disputes. We can help you evaluate your legal options, develop a strategic approach, and determine whether a proposed or existing conservatorship truly serves the conservatee’s best interests.
Protect your loved one’s rights, autonomy, and future by pursuing an arrangement tailored to their unique circumstances. Contact our firm today to learn how we can help.
