California Conservatorship Attorneys

Helping Families Protect Loved Ones

When They Can No Longer Care for Themselves

When a loved one becomes unable to safely manage their personal care, medical decisions, or finances, a conservatorship may be necessary to protect their well-being and assets. At Coray Law Office PC, we guide families through every stage of the California conservatorship process, from filing the initial petition to assisting conservators with their ongoing legal responsibilities.

Our attorneys understand that seeking a conservatorship is often an emotional and difficult decision. We provide compassionate guidance, practical advice, and experienced legal representation to help you navigate the court process with confidence.

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What Is a Conservatorship?

A conservatorship is a court-supervised legal arrangement in which a judge appoints a responsible person or organization (the conservator) to make decisions for an adult (the conservatee) who is unable to adequately care for themselves or manage their financial affairs.

Depending on the circumstances, a conservator may be responsible for:

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• Managing finances and property

• Paying bills and protecting assets

• Making healthcare decisions

• Arranging appropriate housing and care

• Ensuring the conservatee's daily needs are met

Because a conservatorship significantly affects an individual's legal rights, California courts only grant conservatorships when they are necessary and when less restrictive alternatives are not sufficient.

Many people became familiar with conservatorships through the highly publicized Britney Spears case. While that case brought national attention to conservatorships, most conservatorships involve elderly individuals, adults with developmental disabilities, or individuals suffering from serious cognitive or mental health conditions.

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When Is a Conservatorship Necessary?

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A conservatorship may become necessary when an adult can no longer safely make important decisions due to:

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• Dementia or Alzheimer's disease

• Stroke or brain injury

• Serious mental illness

• Developmental disabilities

• Physical incapacity combined with cognitive impairment

• Other conditions affecting decision-making capacity

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If an individual planned ahead by creating a revocable living trust, durable power of attorney, or advance health care directive, a conservatorship may not be necessary. Unfortunately, once someone loses legal capacity, it is generally too late to create these documents, and court intervention may become the only option.

Types of Conservatorships in California

California law recognizes several types of conservatorships, each designed to meet different needs.

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General Conservatorship

A general conservatorship is typically established for adults who can no longer care for themselves due to age-related decline, dementia, illness, or significant physical or mental impairment. The conservator may be appointed over the person's finances, personal care, or both.

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Limited Conservatorship

Limited conservatorships are generally created for adults with developmental disabilities that began before age 18, including conditions such as autism spectrum disorder, cerebral palsy, epilepsy, or intellectual disabilities. Unlike a general conservatorship, the conservator receives only those powers specifically granted by the court, allowing the conservatee to retain as much independence as possible.

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LPS Conservatorship

An LPS (Lanterman-Petris-Short Act) Conservatorship is designed for individuals suffering from serious mental illnesses such as schizophrenia or bipolar disorder who are unable to provide for their own basic needs. These conservatorships involve specialized mental health procedures and are typically initiated through the county mental health system.

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The Conservatorship Process

Obtaining a conservatorship involves multiple legal steps and strict court requirements. Our attorneys assist clients throughout the entire process.

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Step 1: Evaluate Whether Conservatorship Is Appropriate

We begin by evaluating your family's circumstances and determining whether a conservatorship is necessary or whether another legal solution may better serve your loved one.

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Step 2: Prepare and File the Petition

Our office prepares and files the required court documents, including:

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• Petition for Appointment of Probate Conservator

• Confidential Supplemental Information

• Conservator Screening Forms

• Capacity Declarations

• Other required Judicial Council and local court forms

Accuracy and completeness are critical to avoiding unnecessary delays.

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Step 3: Notify Interested Parties

California law requires formal notice to the proposed conservatee and certain family members. We ensure that all notice requirements are properly completed.

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Step 4: Court Investigation and Hearing

The court will appoint an investigator and may appoint legal counsel for the proposed conservatee. After reviewing the evidence and hearing testimony, the judge determines whether a conservatorship is appropriate.

If approved, the court issues Letters of Conservatorship, giving the conservator legal authority to act.

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Step 5: Ongoing Administration

After appointment, conservators have continuing legal responsibilities, including:

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• Managing finances responsibly

• Filing inventories and accountings

• Preparing required court reports

• Seeking court approval for certain transactions

• Complying with fiduciary duties owed to the conservatee

We continue to advise conservators after appointment to help ensure compliance with California law.

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Responsibilities of a Conservator

Serving as a conservator is a significant legal responsibility. Conservators are fiduciaries and must always act in the conservatee's best interests.

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Depending on the appointment, responsibilities may include:

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• Managing investments and bank accounts

• Paying bills and taxes

• Protecting real estate and other assets

• Making healthcare and living arrangement decisions

• Filing periodic reports with the court

• Maintaining detailed financial records

Failure to comply with court requirements can expose a conservator to personal liability. Our attorneys provide ongoing guidance to help conservators fulfill their duties properly.

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Can Someone Other Than Family Serve as Conservator?

Yes. Although family members often serve as conservators, California courts may appoint a licensed professional fiduciary, nonprofit organization, or the county Public Guardian when appropriate.

The court's primary concern is selecting the individual or organization that will best serve the conservatee's interests.

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Planning Ahead May Avoid Conservatorship

Many conservatorships can be avoided through comprehensive estate planning completed before incapacity occurs.

Important planning tools include:

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• Revocable Living Trusts

• Durable Financial Powers of Attorney

• Advance Health Care Directives

• Nominations of Preferred Conservators

These documents allow trusted individuals to manage financial and healthcare decisions without the need for court intervention in many situations.

At Coray Law Office PC, we regularly help clients create estate plans that reduce the likelihood of future conservatorship proceedings while preserving their independence and wishes.

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How Coray Law Office PC Can Help

Whether you are seeking to establish a conservatorship or have already been appointed as a conservator, our attorneys are prepared to guide you through every stage of the process.

Our conservatorship services include:

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• Evaluating whether conservatorship is appropriate

• Preparing and filing all required court documents

• Representing clients at conservatorship hearings

• Assisting with emergency conservatorships when necessary

• Advising conservators regarding fiduciary duties

• Preparing inventories, accountings, and required reports

• Assisting with court approvals for sales, investments, and other transactions

• Coordinating conservatorship matters with estate planning, trust administration, and probate

We understand that every family faces unique challenges. Our goal is to provide practical legal solutions while protecting the dignity and best interests of your loved one.

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Schedule a Conservatorship Consultation

If you believe a family member may need a conservatorship, or if you have been appointed as a conservator and need experienced legal guidance, we are here to help.

Our office provide knowledgeable, compassionate representation throughout California conservatorship proceedings and related estate planning matters. Contact Coray Law Office PC today to schedule a consultation and discuss the best options for protecting your loved one and their future.