Does a loved one need assistance to get by? Talk to a probate attorney about whether a conservatorship is the right solution for them.
Imagine an aging parent suffers a debilitating stroke and suddenly cannot communicate, walk, or manage their daily life. Overnight, they become dependent on family and friends for almost everything — paying bills, attending medical appointments, managing prescriptions, and meeting basic needs.
While this informal support system may work for now, you worry it isn’t sustainable for the long term if their condition doesn’t improve. You’re considering petitioning for conservatorship, but you’re unsure whether they qualify since their doctors believe they may regain some abilities and potentially return to independent living.
The good news is that they may very well qualify, even if recovery is possible. Conservatorship focuses on an individual’s current abilities, not future predictions. Right now, your parent cannot safely make financial or medical decisions on their own, nor can they meet their essential needs without help. These are precisely the gaps conservatorship is designed to fill.
In situations like this, filing for a temporary conservatorship may be the best solution. It provides immediate protection while allowing the court to reassess later. If your parent’s condition improves, the conservatorship can be scaled back or terminated. If not, it can be made permanent.
Once appointed, the conservator is legally obligated to act in your parent’s best interests. This means your parent no longer has to rely solely on voluntary help; they have a formal, court-supervised arrangement ensuring their personal and financial affairs are responsibly managed. Conservators who fail to uphold their duties face removal and even personal liability.
That said, conservatorship is a powerful intervention, and when imposed without valid justification, it can be overly restrictive and even open the door to financial exploitation. Because of this, courts only grant conservatorships when there is strong evidence that one is legitimately needed. Typically, this means there is a clear pattern of concerning behavior, such as repeated missed medical appointments, unpaid bills leading to serious consequences, or an inability to meet daily needs — not just occasional lapses.
Determining whether a conservatorship is truly necessary can be complex. Speaking with an experienced probate attorney is the best way to understand how the court evaluates these cases and whether this level of protection is appropriate for your loved one.
Why Would Someone Need a Conservatorship?
Generally, an adult may need a conservatorship if they have become unable to manage their personal or financial affairs on their own and cannot adequately protect themselves from undue influence and other misconduct. This often shows up as a home in disarray, significant declines in hygiene or nutrition, unpaid bills or reckless spending, missed medical appointments, or an inability to follow prescribed treatment plans.
The type of conservatorship sought depends on the adult’s specific limitations. For instance, if someone can still live independently and meet basic daily needs but struggles with money management, they may only need a conservator of the estate. Conversely, if they are physically incapacitated and require help with daily care but retain full cognitive ability, they may need a conservator of the person, but not necessarily one of the estate.
Below, we outline the primary characteristics that may qualify someone for conservatorship.
They Are Cognitively Impaired
Most conservatorships are established because an adult is experiencing cognitive decline — often due to dementia, Alzheimer’s disease, a stroke, or another neurological condition — that prevents them from making safe and informed decisions about their finances, health care, or daily needs.
A diagnosis alone, however, is not enough. Someone may be diagnosed with early-stage dementia but remain fully capable of managing their life. In these cases, a conservatorship may be inappropriate or premature, and less-restrictive options — such as medical and financial powers of attorney — are often better, since the individual still has the legal capacity to sign them.
But once cognitive decline reaches a point where the person can no longer understand or weigh decisions, it may no longer be possible for the individual to execute a power of attorney. At this stage, a conservatorship may be the only avenue available to protect them.
The court will require more than the petitioner’s observations: Medical declarations, physician testimony, or other clinical evidence showing impaired judgment and functioning are typically needed to establish incapacity.
Adults with significant cognitive impairment often require both:
- A conservatorship of the person for medical decisions and personal care, and
- A conservatorship of the estate for financial management.
Some families appoint one conservator to handle both roles; others split the responsibilities, depending on the conservatee’s needs and the skill sets of the proposed conservators.
They Are Developmentally Disabled
Adults with developmental disabilities — such as autism or Down syndrome — may qualify for a limited conservatorship, which is tailored to provide only the support they truly need while preserving as much independence as possible.
Limited conservatorships exist for adults who can often live semi-independently but may struggle with major life decisions.
According to Probate Code section 2351.5 (b), a limited conservator can request the following powers or controls over the limited conservatee in a petition for appointment of a limited conservator:
- To fix the residence or specific dwelling of the limited conservatee.
- Access to the confidential records and papers of the limited conservatee.
- To consent or withhold consent to the marriage of, or the entrance into a registered domestic partnership by, the limited conservatee.
- The right of the limited conservatee to contract.
- The power of the limited conservatee to give or withhold medical consent.
- The limited conservatee’s right to control his or her own social and sexual contacts and relationships.
- Decisions concerning the education of the limited conservatee.
The court conducts a detailed evaluation of the individual’s abilities and then grants only specific powers to the conservator. This structure is designed to promote autonomy, not restrict it. For example, the court typically will not give a limited conservator control over intimate relationships, friendships, or marriage unless there is a compelling safety reason.
Compared to other conservatorships, limited conservatorships emphasize supported decision-making, not substitution of judgment.
They Have Severe Mental Illness
Individuals who are “gravely disabled” due to a serious mental health disorder — such as schizophrenia, schizoaffective disorder, or severe bipolar disorder — may qualify for an LPS conservatorship (under the Lanterman-Petris-Short Act). These conservatorships are reserved for situations in which a person cannot reliably provide for basic needs, such as food, clothing, or shelter, and is at significant risk without intervention as a result of a serious mental health disorder.
Unlike probate conservatorships, an LPS conservatorship cannot be initiated by a family member or private attorney. Only a designated mental health facility or provider can recommend one by referring the case to the county’s Public Guardian. After a formal investigation, the Public Guardian may petition the mental health court if no less-restrictive alternative (like outpatient treatment or supportive housing) is adequate.
LPS conservatorships allow for mental health treatment — including psychotropic medication — in circumstances where the individual cannot or will not accept care voluntarily. They are highly restrictive and subject to strict procedural safeguards and court oversight.
What Can a Conservatorship Do?
A conservatorship, when used appropriately and with proper oversight, can provide essential protection for adults who can no longer manage their personal or financial needs. At its best, a conservatorship creates a legal structure that keeps a vulnerable person safe, stabilizes their affairs, and ensures their long-term wellbeing.
Below are the core benefits conservatorships can offer.
Protect for the Conservatee and Their Welfare
A conservatorship of the person gives a court-appointed conservator the authority to ensure an adult’s basic needs are consistently met — from food, clothing, and housing to appropriate medical care. In other words, the conservator becomes legally responsible for protecting the conservatee’s health, safety, and general welfare when they can no longer reliably do so themselves.
A conservator of the person’s duties often include:
- Arranging medical treatment and consenting to procedures
- Coordinating medications, therapies and follow-up care
- Securing safe housing or relocating the conservatee if needed
- Hiring in-home caregivers
- Ensuring the conservatee has appropriate nutrition, hygiene and daily support
Because conservatorships often involve overlapping responsibilities, a conservator of the person commonly works with the conservator of the estate to ensure the conservatee’s finances can support necessary caregiving, housing, or medical arrangements.
For conservatees with advanced conditions — such as dementia, severe mental illness, or significant physical disability — a conservator may determine that an assisted living facility is the safest option. While major decisions like these often require court approval, conservators have broad authority to make choices that protect the conservatee’s wellbeing.
Protect the Conservatee’s Finances
A conservatorship of the estate empowers a conservator to manage the conservatee’s financial life when they can no longer do so safely or effectively.
A conservator of the estate’s duties often include:
- Paying bills, rent, mortgage payments and insurance
- Managing bank accounts and investments
- Filing taxes
- Safeguarding assets and preventing financial exploitation
- Selling or refinancing property as needed (with court approval)
The conservator’s job is to preserve the conservatee’s estate, not deplete it, and to ensure funds are available for the conservatee’s support and care.
While not every financial decision will result in gains, a conservator is shielded from liability so long as they acted prudently, sought court approval where required, and made decisions in good faith. However, if losses stem from negligence, misuse of funds, or breaches of fiduciary duty, the conservator can be held personally liable.
To protect the conservatee, California courts require:
- Periodic accountings, documenting every dollar spent or received
- Court approval before major transactions, such as selling a home
These safeguards add transparency and help prevent financial abuse.
Provide Emergency Intervention
A temporary conservatorship (also called an emergency conservatorship) offers rapid protection when someone faces imminent risk and cannot protect themselves.
Examples include:
- A person in a coma who needs someone to consent to urgent medical treatment
- A vulnerable adult living in hazardous conditions
- A situation where immediate financial action is needed to avoid theft, preserve housing, or pay for medical premiums
Temporary conservatorships are designed to stop the bleeding. They allow a court to grant limited, immediate authority so someone responsible can step in and stabilize the situation. From there, the court can decide whether a permanent conservatorship is necessary.
How Do You Get Conservatorship Over Someone?
If you believe a loved one qualifies for a conservatorship, the process becomes much easier to navigate once you understand the steps involved.
Below, we discuss the steps for how to get a conservatorship over a loved one.
1. Evaluate Mental Competence
To obtain a conservatorship, you must convince the court that your loved one lacks the capacity to manage their personal or financial needs or that they are highly vulnerable to undue influence, fraud, or other forms of exploitation.
Medical records, physician observations, cognitive assessments, and formal incapacity declarations can all help demonstrate diminished cognition and an inability to understand the consequences of financial or personal decisions.
Evidence of susceptibility to undue influence is equally important. Family members, caregivers, or other close acquaintances can describe concerning behaviors, such as impulsive or unsound decision making, confusion, or sudden deference to a particular individual. Similarly, patterns like missed medical appointments, unpaid bills, and unexplained withdrawals from bank accounts can further illustrate an elder’s compromised ability to protect themselves from manipulation or fraud.
2. Determine What Type of Conservatorship Is Needed
Once incapacity is established, the next step is identifying which type of probate conservatorship fits your loved one’s situation. Some people only need help with daily needs, while others only need someone to oversee their finances. Many individuals require both. Adults with developmental disabilities who can function independently in certain areas may exclusively need a limited conservatorship.
You’ll also want to consider whether the situation is urgent. If your loved one is at immediate risk — for example, living in unsafe conditions, being financially taken advantage of, or unable to obtain necessary medical care — filing for a temporary conservatorship allows the court to intervene quickly.
If urgency isn’t a factor, you can file for a general, longer-term conservatorship. And if you begin with a temporary conservatorship, you can always request to make it permanent later.
3. File a Petition for Conservatorship
After gathering evidence and deciding what type of conservatorship is appropriate, you will file a conservatorship petition with the court. This petition explains why your loved one needs protection, describes their condition and behavior, and outlines the type of authority you’re requesting. Including supporting information — such as medical documentation, examples of unsafe behavior, or proof of financial mismanagement — helps strengthen your petition.
A probate attorney is especially helpful at this stage because they know how to present the information effectively and ensure nothing important is left out.
4. Meet with the Court Investigator
Before the hearing, the court typically assigns an investigator to meet with both you and the proposed conservatee. The investigator will assess whether the conservatorship appears necessary, whether you’re suitable to serve, and whether the conservatee understands and agrees with the idea of a conservatorship. They may also evaluate the living environment to ensure it’s safe and appropriate.
After the interview, the investigator prepares a written report that the judge will review when making their final decision.
5. Attend the Conservatorship Proceeding with Your Attorney
At the hearing, you will appear with your attorney, and the proposed conservatee is usually present as well unless excused. The judge will review the petition, hear from both sides and consider any objections from family members or other interested parties.
If everything is straightforward and uncontested, the conservatorship may be granted at the first hearing. If there are disputes or concerns, the judge may schedule additional hearings or request more information before making a final decision.
6. Administer the Conservatorship
Once the court appoints you as conservator, your responsibilities begin. Conservators must comply with legal requirements, act transparently, and prioritize the conservatee’s best interests. This often involves managing their care, finances, or both.
You may also need to submit periodic reports or accounting to the court. For many people, this role can feel overwhelming at first, but working with an attorney can help remove the guesswork from the process, ensuring you meet your obligations and avoid mistakes that could lead to personal liability.
Conservatorship FAQs
Still confused about who qualifies for a conservatorship? Explore the frequently asked questions below for additional guidance.
Why are conservatorships legal?
Conservatorships are legal because they provide a necessary safeguard for adults who can no longer protect their own wellbeing or finances. When no advance planning documents exist, a conservatorship may be the only lawful way to authorize someone to make decisions on an incapacitated adult’s behalf.
Who qualifies for a conservatorship versus a power of attorney?
A power of attorney has to be created while someone still has the mental capacity to understand what they’re signing. If they’ve already lost capacity, it’s too late to put one in place. At that point, the only way to authorize someone to handle their personal or financial matters is usually through a conservatorship.
Are there any celebrities who have conservatorships?
Yes, pop star Britney Spears was famously under a conservatorship, and former TV personality Wendy Williams is currently under one. Late night host Jay Leno also recently obtained a conservatorship over his wife due to her dementia.
- Read about the Britney Spears conservatorship
- Read about the Wendy Williams conservatorship
- Read about the Jay Leno conservatorship
Who pays for conservatorship?
The person petitioning for the conservatorship typically pays the initial legal fees. If the conservatorship is granted, they may later request reimbursement from the conservatee’s estate. Once the conservatorship is established, the costs of administering the conservatorship are usually with the conservatee’s assets.
How long does it take to get conservatorship?
A conservatorship can take anywhere from a few weeks to several months to establish. If the situation is urgent, an emergency temporary conservatorship can be granted much more quickly.
How hard is it to get conservatorship?
It is not difficult to obtain a conservatorship when strong evidence of incapacity exists, but courts scrutinize these cases carefully because conservatorships significantly restrict a person’s rights. Working with an attorney helps ensure the case is presented clearly and persuasively.
Can a conservatorship be reversed if one is no longer needed?
Yes, a conservatorship can be terminated if the conservatee regains capacity or no longer needs assistance. This is done through a petition asking the court to end the arrangement.
Who can file for conservatorship?
A spouse, domestic partner, relative, friend, or certain public agencies can file for a conservatorship in California. In certain situations, a person may even petition for a conservatorship over themselves.
Who can guide you through the conservatorship process?
A probate attorney can guide you through obtaining a conservatorship and help you fulfill your legal responsibilities once appointed. Their support can also protect you from potential liability.
Can a bank put you in a conservatorship?
No, a bank cannot usually independently place someone under a conservatorship. However, the court may appoint a bank to serve as financial conservator after a hearing.
Can a conservatorship be voluntary?
Yes, a person who recognizes they need help may voluntarily petition for a conservatorship. While unusual, it can be appropriate in certain circumstances.
Want to know if a loved one qualifies for a conservatorship?
If you’re unsure whether an incapacitated, dependent, or developmentally disabled loved one qualifies for a conservatorship, our probate attorneys can help you make the right call. We’ll assess whether a less-restrictive alternative is sufficient or whether a conservatorship is genuinely needed — and, if so, which type best protects your loved one’s wellbeing. Don’t navigate this alone; our team has handled countless conservatorship matters and can guide you toward the best solution. Call us today to discuss your case.
