General Conservatorship
WHAT IS A GENERAL CONSERVATORSHIP IN CALIFORNIA
A general conservatorship in California is a legal arrangement in which a court appoints a conservator to manage the personal care and/or financial affairs of an adult who is unable to do so themselves due to physical incapacity, mental illness, cognitive decline, or other incapacitating conditions. General conservatorships are often established for elderly individuals with dementia or Alzheimer’s disease, adults who have suffered serious injuries, or those with significant mental health challenges. Unlike limited conservatorships, which are designed for adults with developmental disabilities, general conservatorships grant broader authority to the conservator to ensure the conservatee’s needs are fully met.
There are two types of general conservatorships:
- Conservatorship of the Person – The conservator is responsible for the conservatee’s personal care, including decisions about housing, healthcare, food, and daily activities.
Conservatorship of the Estate – The conservator manages the conservatee’s financial matters, such as paying bills, managing income and assets, and protecting the conservatee’s property.
Both types can be established together, depending on the needs of the conservatee, to ensure their safety, well-being, and financial stability.
THE GENERAL CONSERVATORSHIP PROCESS
- Filing a Petition
The process begins when a family member, friend, or interested party files a Petition for Appointment of Probate Conservator with the probate court. This petition details the proposed conservatee’s condition, the reasons a conservatorship is necessary, and the type of conservatorship sought (of the person, estate, or both). Supporting documentation, such as medical evaluations or evidence of incapacity, must accompany the petition. - Notice to Interested Parties
Once the petition is filed, all close relatives and interested parties must be notified of the proposed conservatorship. This step ensures that family members are aware of the proceedings and have an opportunity to support or contest the conservatorship. - Court Investigation
The court appoints an investigator to meet with the proposed conservatee, assess their condition, and review the details of the petition. The investigator prepares a report for the court that includes observations, recommendations, and whether the conservatorship is appropriate. This step ensures the conservatee’s rights are considered and protected. - Court-Appointed Counsel (CAC)
The court will appoint Court-Appointed Counsel (CAC) to represent the proposed conservatee during the proceedings. The CAC advocates for the conservatee’s interests, ensuring their voice is heard, and may argue against the conservatorship or request modifications based on the conservatee’s needs. - Court Hearing
At the court hearing, the judge reviews the petition, the investigator’s report, and any evidence presented by the Court-Appointed Counsel or interested parties. If there are objections, the judge may hear testimony from witnesses or review additional evidence. The judge ultimately determines whether the conservatorship is necessary and, if so, what powers to grant to the conservator. - Appointment of the Conservator
If approved, the court formally appoints the conservator and issues Letters of Conservatorship. These letters grant the conservator legal authority to act on behalf of the conservatee, whether for personal care, financial management, or both. The conservator must strictly adhere to the powers granted by the court.
Ongoing Court Supervision
After appointment, the conservator is required to fulfill their duties and act in the conservatee’s best interests. For a conservatorship of the estate, the conservator must file an initial inventory of the conservatee’s assets and provide regular accountings to the court detailing income, expenses, and the management of assets. For a conservatorship of the person, periodic status reports on the conservatee’s well-being and care may also be required. The court oversees the conservatorship to ensure the conservatee’s needs are being met and that the conservator is acting appropriately.
HOW MUCH DOES A GENERAL CONSERVATORSHIP COST?
The cost of establishing a conservatorship in California can be a concern for many families, but we aim to make the process as accessible as possible. Additionally, we understand that every family’s situation is unique, so we are committed to working with families on flexible payment options. When appropriate, we also assist with waiving court fees to further ease the financial burden, allowing you to focus on securing the best care and protection for your loved one.