California Conservatorship Laws- What You Need to Know

A conservatorship is a legal arrangement sought when someone is unable to care for themselves. The biggest indication someone might find value in a conservatorship is when they can no longer keep up with the responsibilities of managing their personal and financial affairs. To assist in these scenarios, California conservatorship laws keep evolving. If a similar scenario is happening with someone you love, understanding this system can help.

What Is a Conservatorship?

A formal conservatorship is an arrangement in which a judge appoints individual A (the conservator) to manage the affairs of individual B (someone who cannot do so on their own). This can involve a number of responsibilities, primarily covering someone’s healthcare and financial needs.

There are two main types of conservatorships in California:

• Probate Conservatorships: Most used for the elderly or someone who has been physically incapacitated.
• LPS (Mental Health) Conservatorships: This arrangement was designed for those suffering from mental illness.

A Growing Caseload Across California

Conservatorships are increasingly common across California. Last year, California courts handled more than 18,000 conservatorship and guardianship cases. Some suspect this stems from an aging population, as well as rising concerns around both mental health and the homeless community. Conservatorships also became a national talking point stemming from the California-based story of Britney Spears.

Some other contributing factors to this trend include:

• Rising rates of dementia
• Cognitive decline in older adults
• Increased awareness of elder financial abuse
• Limited mental health treatment options for the homeless

Voting Rights and Conservatorship Orders

A lesser-known aspect of conservatorship arrangements is the impact they have on voting rights. Depending on the circumstances of your case, the state might take the position that if you are not in the right mindset to manage your own affairs, you also are not in a good place to cast a vote.

Under Assembly Bill 2841, the California courts are required to report how many orders they have either restored or disqualified in the context of conservatorships. As of April 2025, the California Secretary of State has reported:

• 232 restorations of voting rights
• 470 disqualifications
• 702 total court orders submitted for voter roll review

Once this data is produced, it’s then shared with county election officials to ensure that everyone is informed of their current voting status. This is a reminder that these arrangements not only affect someone’s personal freedom; they can also have civic consequences.

Key Responsibilities of a Conservator

There are a number of responsibilities a conservator must uphold throughout the entire duration of the arrangement. The exact duties of each conservator will vary, but in general, they are fully responsible for managing either the person, their estate, or both.

Here is a breakdown of some of the most common responsibilities:

• Managing daily care: This duty applies to a conservatorship of the person only. The conservator’s primary responsibility is to ensure the person they are caring for has their basic necessities met. This could include arranging shelter, scheduling and attending their medical appointments, and coordinating other caregiving services. This individual will also be called on when critical medical decisions need to be made.
• Overseeing financial matters: In conservatorship of the estate, a conservator primarily deals with financial obligations. For example, the conservator may be called on to pay the individual’s bills, protect their assets, file taxes, and make investment decisions. It’s important for the conservator to keep a detailed record of everything they do so the court can ensure they are not acting in bad faith.

While these roles can be separate, sometimes, a conservator is called on to manage both an individual’s daily care and financial matters. It’s a significant responsibility to manage so much on someone else’s behalf. Therefore, it’s crucial to ensure the person selected is responsible and has shown a history of genuinely caring for the well-being of the conservatee.

FAQs

Q: What Are the Benefits of a Conservatorship in California?

A: Conservatorships can provide much-needed protection to anyone who can no longer make informed decisions for themselves. It can provide a level of assurance to the conservatee that their affairs are protected while they are recovering or in a state of incapacitation. This type of arrangement can make it more difficult for someone to step in and take advantage of the conservatee while they are in this vulnerable state.

Q: How Do I Put Someone in a Conservatorship in California?

A: The first step of putting someone in a conservatorship is to file a petition with the probate court in the county where the person lives. In this petition, you will need to provide details about the person’s condition and why you believe this type of arrangement is necessary. After the petition is filed, the court will appoint someone to investigate your claims and ensure this type of arrangement is a good fit. This process can take a few weeks, especially if the petition is contested.

Q: Who Must Be Notified of a Conservatorship in California?

A: There are a number of stakeholders that need to be alerted when a conservatorship goes into effect. This includes the conservatee and their close family members. It also includes their healthcare providers or any other professional they see for care, like a mental health counselor. The reasoning behind this is to give everyone the opportunity to agree with or reject the validity of a conservatorship based on their own experiences with the individual in question.

Q: What Is the Difference Between a Guardianship and a Conservatorship?

A: While both guardianships and conservatorships are court-appointed, they have their own distinct purposes. A guardianship is typically reserved for a minor who needs someone else to care for them while their parents are unable to do so. Conservatorships are more so used for adults who need extra support. It’s almost like providing an adult with guardian-level support, which is why the terms are sometimes confused.

Contact Meinzer Law Firm, PC, Today

If you are in need of legal services to enact a conservatorship, contact our firm today. We have a strong understanding of the legal process and would love to share more about how we can help you and your family.