Most people do not think about conservatorship until they are faced with it, either for themselves or for someone they love. But understanding what a conservatorship is, how it works, and how to avoid one is an important part of thoughtful estate planning at any age.
At the Law Office of Catherine Chukwueke, I help California clients understand their options and create estate plans that protect their autonomy and reduce the likelihood of needing a court-appointed conservator.
What Is a Conservatorship in California?
A conservatorship is a court process in which a judge grants one person, called the conservator, legal authority to make decisions on behalf of another person, called the conservatee, who can no longer manage their own affairs. Depending on the type of conservatorship, the conservator may have authority over the conservatee's finances, personal care, or both.
California has two basic types of conservatorships.
Limited Conservatorship. This type is created for adults who have had a developmental disability such as autism, cerebral palsy, or epilepsy since before their 18th birthday. It is called limited because the conservatee retains some ability to care for themselves, and the conservator's authority is tailored accordingly. For parents of children with developmental disabilities, estate planning that includes a guardian designation, a conservator appointment, and a special needs trust can provide important protections both during and after the parent's lifetime.
General Conservatorship. This type applies when an adult, often but not always elderly, can no longer manage their finances or healthcare due to a significant decline in mental capacity caused by illness or injury. Examples include a person who develops Alzheimer's disease, suffers a severe stroke, or falls into a coma. A court appoints a conservator to step in and manage their affairs.
If you need a reference point for how general conservatorship works in practice, the Britney Spears case brought significant public attention to both the process and the potential for abuse.
What Can a Conservator Do?
A conservator has broad legal authority, which may include making decisions about where the conservatee lives, accessing their confidential records, managing their finances, entering into contracts on their behalf, and consenting to or withholding medical treatment. In some cases, a person may have separate conservators for financial matters and personal care matters.
Because the authority granted is so significant, conservatorships carry real risk. A conservatee can lose meaningful control over their own life, and there is potential for abuse by bad actors who may use their position for financial gain or personal control.
Can a Conservatorship Be Contested or Terminated?
Yes to both. If a petition for conservatorship is filed against you or someone you love, it can be contested. You can respond to the petition and, if necessary, file a competing petition to prevent a specific person from being appointed. The rules and procedures vary, so working with an attorney is the best way to avoid delays or errors.
Conservatorships are generally intended to be permanent arrangements. They end when the conservatee dies or recovers sufficiently that the conservatorship is no longer necessary. A court can also remove a conservator for cause, such as abuse or mismanagement, though a new conservator will typically be appointed in their place.
How to Avoid a Conservatorship Through Estate Planning
The best way to protect yourself from a court-appointed conservatorship is to put documents in place before you need them. A comprehensive California estate plan typically includes:
- A durable power of attorney, which authorizes a trusted person to manage your financial affairs if you become incapacitated
- An advance health care directive, which designates a healthcare agent to make medical decisions on your behalf
- A HIPAA authorization, which allows your designated agents to access your medical information
- A revocable living trust, which provides a private, court-free mechanism for managing your assets during incapacity and after death
When these documents are in place, there is generally no need for a court to appoint anyone on your behalf because you have already made those decisions yourself.
Have Questions?
I work with clients throughout California. Call me at 310-213-7711 or schedule a consultation online to discuss how a comprehensive estate plan can protect your autonomy and your loved ones.
