Why Choose Law Offices of Rozsa Gyene?
About Conservatorship
Conservatorship is a legal arrangement in which one person (called the conservator) is appointed by a court to manage the financial affairs and/or daily life of another person (called the conservatee) who is unable to do so for themselves.
The conservatee is typically an elderly person or someone with a disability. The conservator is responsible for making decisions on behalf of the conservatee. This can include managing finances, paying bills, making healthcare decisions, and ensuring the conservatee has proper housing and care. The court oversees the conservator's actions to make sure they are acting in the best interests of the conservatee.
Protecting Those Who Need It Most
When your loved one needs assistance managing their daily affairs, we're here to help establish the legal framework that ensures their dignity, safety, and wellbeing are protected.
Our compassionate approach recognizes the emotional challenges families face during this transition. We work closely with you to create solutions that honor your loved one's wishes while ensuring their proper care and protection.
What Our Law Firm Can Do For You
We provide valuable support and expertise to anyone seeking to establish a conservatorship and ensure that your loved one's needs are properly cared for.
Court Representation
We handle all court appearances and filings, ensuring your petition is properly presented and approved.
Document Preparation
Complete preparation of all necessary legal documents, petitions, and annual accountings required by the court.
Annual Accounting
Professional preparation and filing of required annual accountings to maintain compliance with court requirements.
Asset Management
Guidance on proper management and protection of the conservatee's assets and financial affairs.
Family Mediation
Help resolve family disputes and ensure all parties understand their rights and responsibilities.
Ongoing Support
Continuous legal support throughout the conservatorship to address any issues or changes that arise.
Understanding Conservatorship in California
A conservatorship is a court proceeding where a judge appoints a responsible person (the conservator) to care for another adult (the conservatee) who cannot care for themselves or manage their finances. Unlike a power of attorney, which a person grants voluntarily while they have capacity, a conservatorship is imposed by the court when someone lacks the mental capacity to handle their own affairs.
California conservatorships are governed by the California Probate Code and require ongoing court supervision to protect the conservatee's rights. The process involves petitioning the court, providing medical evidence of incapacity, notifying relatives, and appearing at a court hearing where a judge determines whether conservatorship is necessary and appropriate.
Types of Conservatorship in California
Conservatorship of the Person
Grants authority to make personal decisions for the conservatee, including where they live, medical care, food, clothing, and personal care. The conservator ensures the conservatee has proper living arrangements and receives necessary medical treatment.
Conservatorship of the Estate
Grants authority to manage the conservatee's financial affairs, including paying bills, managing assets, filing taxes, and making financial decisions. The conservator must file annual accountings with the court showing all income, expenses, and asset management.
LPS Conservatorship
A special type under the Lanterman-Petris-Short (LPS) Act for adults with serious mental health disorders who cannot provide for their basic needs of food, clothing, or shelter. LPS conservatorships are typically initiated by county mental health departments.
Conservatorship vs. Power of Attorney vs. Guardianship
When is a Conservatorship Needed?
Conservatorship may be necessary in these common situations:
Dementia or Alzheimer's
Progressive cognitive decline preventing proper self-care and financial management
Stroke or Brain Injury
Sudden incapacity requiring immediate protection and care management
Financial Exploitation
Vulnerable adults being taken advantage of by scammers or unscrupulous relatives
Developmental Disabilities
Adults with lifelong disabilities who need ongoing support after age 18
Severe Mental Illness
Psychiatric conditions preventing ability to provide for basic needs
No Power of Attorney
Person became incapacitated without creating advance directives
Conservator Responsibilities and Duties
Serving as a conservator is a serious legal responsibility with ongoing duties to the conservatee and the court:
Key Duties Include:
- Financial Management: Pay bills, manage bank accounts, invest prudently, file taxes
- Medical Decisions: Consent to medical treatment, arrange healthcare, ensure proper medications
- Housing: Ensure safe and appropriate living arrangements for the conservatee's needs
- Annual Accounting: File detailed financial reports with the court showing all transactions
- Care Plan: Develop and implement a plan for the conservatee's physical and mental wellbeing
- Court Appearances: Attend required court hearings and respond to court inquiries
- Record Keeping: Maintain detailed records of all decisions and expenditures
- Fiduciary Duty: Always act in the conservatee's best interests, not your own
Rights Retained by the Conservatee
California law protects conservatees by ensuring they retain important rights unless specifically removed by the court:
Less Restrictive Alternatives to Consider
California law requires exploring less restrictive alternatives before establishing conservatorship. These options may be appropriate if the person has some capacity:
Power of Attorney
If the person still has capacity, they can sign a Durable Power of Attorney giving someone authority to manage finances or healthcare decisions
Representative Payee
For Social Security or SSI recipients, a representative payee can manage benefit payments without court involvement
Living Trust
A revocable living trust with a successor trustee provides for asset management if the settlor becomes incapacitated
Supported Decision-Making Agreement
A newer option where the person retains decision-making authority but has support from trusted advisors
What Does a Conservatorship Cost?
Establishing and maintaining a conservatorship involves several costs. In many cases, these fees can be paid from the conservatee's estate:
Initial filing fees and court investigation costs. Emergency conservatorships have additional fees.
Legal fees for preparing petition, court appearances, and initial establishment. Complex or contested cases cost more.
Annual conservatorship bond premium, typically 0.5% of estate value. Courts may waive for relatives in some cases.
Ongoing legal fees for preparing and filing required annual accountings with the court.
How Long Does a Conservatorship Last?
A conservatorship continues until it is terminated by the court. Common reasons for termination include:
- Death of the conservatee - The conservatorship automatically ends and the estate is handled through probate
- Regained capacity - If the conservatee recovers their mental capacity, they can petition to terminate the conservatorship
- No longer necessary - Changed circumstances may make conservatorship unnecessary (e.g., adequate care arrangements in place)
- All assets depleted - If conservatorship of the estate and no assets remain, it may be terminated
Emergency Conservatorships
When immediate action is needed to protect someone from serious harm, California law allows for temporary emergency conservatorships. These are granted much faster than regular conservatorships but are strictly limited in scope and duration.
When Emergency Conservatorship May Be Needed:
- Immediate medical treatment required but person refuses necessary care
- Risk of financial exploitation or substantial loss of assets
- Person is in immediate danger or endangering others
- Living conditions pose immediate health or safety risks
- Unable to provide for basic needs (food, clothing, shelter)
Emergency conservatorships typically last only 30 days and must be followed by a petition for general conservatorship if ongoing protection is needed. The court will schedule an expedited hearing, usually within days rather than the typical 60-90 day timeframe for regular conservatorships. Due to the urgency and complexity, it's essential to work with an experienced conservatorship attorney who can navigate the emergency process effectively.
Need Guidance on Conservatorship?
We understand how overwhelming this process can be. Let us guide you through establishing and managing a conservatorship with compassion and expertise.
Call (818) 291-6217Our Conservatorship Process
Initial Consultation
Free consultation to assess your situation and determine if conservatorship is the right solution.
Document Preparation
We prepare all necessary petitions, notices, and supporting documents required by the court.
Court Filing
File petition with the court and serve notice to all required parties.
Court Hearing
Represent you at the court hearing to establish the conservatorship.
Ongoing Support
Continue to provide support with annual accountings and any modifications needed.
What Our Clients Say
Rozsa helped us establish conservatorship for my mother who has dementia. The process was complex but they guided us through every step. My mother is now safe and properly cared for.
My father was being taken advantage of financially. Rozsa Law Firm worked quickly to establish conservatorship and protect his assets. I'm grateful for their expertise and compassion.
Professional, caring, and knowledgeable. They made a difficult situation manageable. The court approved our petition on the first try. Highly recommend for conservatorship matters.
Frequently Asked Questions
Get answers to common questions about conservatorship in California
Find Out If a Conservatorship is Right for You
Related Estate Planning Services
Explore our comprehensive estate planning services to protect your family and legacy.
Have Questions?
Get answers to common questions about living trusts, probate, conservatorship, and more in our comprehensive FAQ section.
View All FAQs →Related Services
Comprehensive estate planning solutions for California families
Special Needs Trust
Preserve government benefits while providing for loved ones with disabilities.
Learn More