As legal professionals, we’re often the first call someone makes when they realize a loved one may no longer be able to manage their personal or financial affairs. It’s a heavy moment, often filled with uncertainty and emotion. This is especially true when the conversation turns to conservatorships. What if it were your parent? Your sibling? This guide explores the different types of conservatorships in California, the legal process involved, and the alternatives available—arming you with practical knowledge to help your clients make informed, compassionate choices.
Types of Conservatorships in California
- General Conservatorship: For adults who can no longer manage their personal needs or finances—often due to aging, illness, or disability.
- Limited Conservatorship: Designed for adults with developmental disabilities who can do some things on their own but still need assistance in certain areas.
- LPS Conservatorship: Applies to adults with serious mental health conditions. Typically initiated by a hospital or public guardian, not private individuals.
- Temporary Conservatorship: Short-term solution for emergency situations while the court decides on a permanent conservatorship.
The Legal Process
Starting a conservatorship involves a petition to the probate court. The court then notifies the proposed conservatee and relevant family members. An investigator is appointed to review the situation and report back to the judge. If the judge determines that the person cannot manage without help, the conservatorship is established. Courts monitor the case through regular reporting requirements and reviews.
Alternatives to Conservatorship
Before committing to the conservatorship process, it’s important to explore less restrictive options that still provide support without stripping a person of their rights.
- Durable Power of Attorney – Assigns authority to manage financial matters.
- Advance Health Care Directive – Allows someone to make medical decisions.
- Representative Payee – Helps manage Social Security or other government benefits.
- Trusts – Especially revocable living trusts to manage assets.
- Supported Decision-Making – Non-legal arrangement where someone helps the individual understand choices.
- Joint Accounts – Shared access to financial resources.
- Community Resources – Services like IHSS or case management without court involvement.
A Shift Toward Reform
Recent headlines have brought conservatorships into the public eye, spotlighting cases of abuse or overreach. California has responded with new laws that emphasize oversight, increase access to legal representation, and require courts to consider less restrictive alternatives before granting a conservatorship.
Final Thoughts for Legal Professionals
Conservatorships aren’t just legal structures—they represent a major life shift for families. By guiding clients through this process with empathy and clarity, we help them preserve not only their loved one’s safety, but their dignity as well. Every petition we file should come with the question: Is this the least restrictive path forward for this person?
Categorized in: Legal Procedure
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