Key Takeaways Introduction Whether a person experiences mental incapacity or has a temporary travel arrangement, there are many situations that can arise and prevent someone from being able to make their own legal, financial, or medical decisions. A conservatorship and [...]
LOS ANGELES – June 27, 2020 – A Los Angeles judge granted temporary conservatorship to help relatives stop a family member who was losing [...]
LOS ANGELES – June 27, 2020 – A Los Angeles judge granted temporary conservatorship to help relatives stop a family member who was losing […]
You may need to hire a conservatorship lawyer to contest a conservatorship when a conservator is abusing or exploiting their authority for personal gain. [...]
You may need to hire a conservatorship lawyer to contest a conservatorship when a conservator is abusing or exploiting their authority for personal gain. […]
Fighting conservatorship abuse is a complex and emotionally-charged topic. Seeing a loved one ignored or taken advantage of by the person or persons charged [...]
Fighting conservatorship abuse is a complex and emotionally-charged topic. Seeing a loved one ignored or taken advantage of by the person or persons charged […]
Do you have a loved one who is having trouble handling their financial affairs or are struggling to manage their food and healthcare. If [...]
Do you have a loved one who is having trouble handling their financial affairs or are struggling to manage their food and healthcare. If […]
What is the definition of conservatorship? When a person can no longer take care of themselves when it comes to finances and health care, [...]
What is the definition of conservatorship? When a person can no longer take care of themselves when it comes to finances and health care, […]
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Conservatorship is a court proceeding in which a judge appoints a conservator to manage the personal care and/or finances of an adult who cannot safely do so on their own because of illness, disability, or cognitive decline. Depending on the need, the court may appoint a conservator of the person to make decisions about health care, living arrangements, and daily care, a conservator of the estate to handle money, property, and bills, or both. The process typically begins when family or another interested party petitions the court; notice, a hearing, and court investigation safeguards are used to protect the individual’s rights. Conservators must follow court orders, keep detailed records, file periodic reports and accountings, and often obtain court approval for major decisions, such as selling real estate or making significant medical choices.
Whenever possible, courts and families consider less-restrictive alternatives first, such as a durable power of attorney for finances and an advance health care directive. If valid and sufficient, these documents can reduce or eliminate the need for a conservator.
Answers to common questions about conservatorships & guardianships, helping you better understand your rights and the legal processes involved in protecting your interests.
Generally, any interested person who is concerned about an adult’s ability to manage personal or financial affairs may file. This typically includes the adult themselves, a spouse or domestic partner, adult children, parents, siblings, or other relatives, as well as close friends, caregivers, or a professional fiduciary. Government entities such as the Public Guardian or Adult Protective Services may also petition when safety or exploitation is a concern.
In California, the Probate Code allows a petition by the proposed conservatee, family, friends, any interested person or agency, and the Public Guardian. Some states use different terminology. In Texas, the comparable process is called guardianship, and any interested person may apply, subject to priority rules and court review.
The court looks for clear evidence that an adult cannot safely manage personal care or finances and that less restrictive options will not work. Judges review medical and psychological evaluations, reports from court investigators, and testimony from family, caregivers, and professionals. They consider the person’s ability to understand and pay bills, manage medications, make healthcare decisions, avoid scams, maintain housing, and meet daily needs. The court also evaluates alternatives such as powers of attorney, advance health care directives, supported decision making, representative payee arrangements, or a limited conservatorship with narrowly tailored powers. A conservatorship is granted only if the evidence shows it is necessary and the least restrictive means to protect the individual.
Yes. The proposed conservatee, family members, close friends, or other interested persons can oppose a petition. Common objections are that the person can function with appropriate support, that less restrictive alternatives are available, or that the proposed conservator is unfit due to conflicts of interest, past misconduct, or lack of capacity to serve. Objectors may submit their own medical opinions, witness declarations, care plans, and financial records, and can request a neutral evaluation or additional safeguards. The court will weigh both sides and may deny the petition, narrow the powers, appoint a different conservator, or set conditions and review dates.
Yes. The court can terminate a conservatorship if the conservatee regains capacity or if circumstances change so that less restrictive supports are sufficient. Termination also occurs upon the conservatee’s death. A party seeking termination typically files a petition supported by medical evidence, proof of stable living arrangements and finances, and a plan for ongoing support. The court may order a review, require a final accounting, and, if satisfied, discharge the conservator and close the case.
If a conservator fails to perform required duties, mismanages assets, neglects the conservatee’s needs, or abuses authority, an interested person can petition for removal and appointment of a successor. Evidence might include missed accountings, unexplained transactions, neglect of medical care, or conflicts of interest. The court can suspend powers temporarily, appoint a temporary conservator, order an investigation or accounting, and then remove, surcharge, or replace the conservator if the allegations are proven. The successor conservator assumes responsibility and must comply with the same reporting and oversight requirements.
Typical disputes involve allegations of financial abuse or mismanagement, disagreements among relatives about who should serve, and conflicts over medical care, living arrangements, or visitation and access. Other issues include the scope of powers in a limited conservatorship, contested accountings, bond requirements, and requests to sell real property or make significant medical decisions. Many disputes can be narrowed or resolved through care conferences, mediation, or court-ordered investigations; when necessary, the judge can impose safeguards, modify powers, or issue detailed instructions to protect the conservatee and ensure proper administration.
A conservatorship attorney can evaluate whether a conservatorship is truly necessary, build a focused record, and guide the case from filing through the hearing and beyond. If you are proposing one, the attorney will assess capacity and risks, confirm that less restrictive options will not work, prepare the petition and notices, present evidence in court, recommend safeguards like limited powers and bonding, and then help with post-appointment tasks such as letters, inventories, accountings, and requests for court approval on major decisions. If you are opposing one, the attorney will develop workable alternatives, file objections, request independent counsel or neutral evaluations when appropriate, present medical and witness evidence at the hearing, and, if an order issues, seek modification, suspension, replacement of the conservator, or termination when circumstances improve.
A member of the RMO Client Relations team will reach out to gather additional information concerning the parties to your case and schedule your consultation.
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