Protecting Vulnerable Adults in California
A conservatorship is a court-supervised arrangement in which a judge grants a responsible person (the "conservator") the legal authority to make decisions for another adult (the "conservatee") who is no longer able to manage their own personal care or finances. It is most commonly needed for elderly parents with dementia, adults with severe developmental disabilities, or individuals incapacitated by illness or injury.
A conservatorship is different from a power of attorney. Powers of attorney must be established while the person is still competent. If a loved one has already lost capacity, a conservatorship may be the only option.
Conservatorship of the Person
Grants the conservator authority over the conservatee's personal care: where they live, healthcare decisions, and day-to-day welfare.
Conservatorship of the Estate
Grants authority to manage the conservatee's finances: paying bills, managing investments, and protecting assets from exploitation.
Limited Conservatorship
Tailored for adults with developmental disabilities who retain some capacity for self-determination. Grants only the specific powers needed.
LPS Conservatorship
A specialized conservatorship for individuals with serious mental illness who require involuntary psychiatric treatment. Governed by the Lanterman-Petris-Short Act.
Who Needs a Conservatorship?
- An elderly parent with advancing Alzheimer's or dementia
- An adult child with a developmental disability whose parents are aging
- A spouse or family member incapacitated by stroke, brain injury, or serious illness
- A loved one targeted by financial exploitation or elder abuse
- An individual with severe mental illness requiring ongoing care
Alternatives to Consider First
Before pursuing conservatorship, it is worth reviewing whether less restrictive alternatives are appropriate. A durable power of attorney, healthcare proxy, or representative payee arrangement may suffice if the person still has legal capacity. We will always explore the least restrictive option that truly protects your loved one.
California courts take conservatorships seriously. The conservatee has the right to contest the petition, be represented by court-appointed counsel, and request termination. Our role is to ensure the process is handled with dignity and legal precision.
The Conservatorship Process
We handle the legal complexity so you can focus on your loved one. Here is what to expect.
Free Consultation
We assess the situation, review existing documents (powers of attorney, advance directives), and determine whether conservatorship is the right path.
Petition Filing
We prepare and file the conservatorship petition with the Los Angeles Superior Court, along with required declarations and proposed orders.
Investigation & Hearing
The court appoints an investigator to visit the proposed conservatee. A hearing is scheduled — typically 60 to 90 days after filing.
Court Appointment
If granted, the court issues Letters of Conservatorship. You are now legally authorized to act on your loved one's behalf.
Ongoing Compliance
Conservators must file annual accountings and status reports with the court. We help ensure you remain in full compliance.
Frequently Asked Questions
Common questions from families considering conservatorship in Encino and the San Fernando Valley.
In California, "guardianship" typically refers to arrangements for minors, while "conservatorship" refers to arrangements for adults. The underlying concept is similar — a court-authorized person is given legal authority over another — but the rules and procedures differ.
The standard timeline in Los Angeles County is 60 to 90 days from petition filing to the initial court hearing, assuming no contest. Emergency (temporary) conservatorships can be granted within days when there is an urgent safety concern.
Yes. A conservatorship can be terminated if the conservatee regains capacity, if they pass away, or if a court finds the conservatorship is no longer necessary. The conservatee or other interested parties can petition the court for termination at any time.
Not necessarily. The court only grants the conservator the specific powers needed. A conservatee retains all rights not specifically transferred to the conservator, and always retains the right to seek legal counsel and contest the conservatorship.
As conservator of the person, you are responsible for the conservatee's care and housing. As conservator of the estate, you manage their finances as a fiduciary — meaning you must act in their best interest, keep careful records, and file annual accountings with the court.