Conservatorship California courts establish is a legal relationship in which a court appoints a responsible person (the conservator) to care for another adult (the conservatee) who cannot fully care for themselves due to physical illness, cognitive decline, mental illness, or developmental disability. Conservatorship differs from guardianship — which applies to minors — in that it applies to adults. Understanding how to get a conservatorship California, what powers conservators have, and how conservatorship vs guardianship California differ helps families navigate these proceedings.
Types of Conservatorship in California
California has two main types of conservatorship under the Probate Code: conservatorship of the person (governing decisions about residence, healthcare, and daily life) and conservatorship of the estate (governing financial decisions and management of the conservatee's assets). A court can appoint separate conservators for each or the same person for both. General conservatorship is for adults who cannot manage their own affairs due to age or illness. Limited conservatorship California is specifically designed for adults with developmental disabilities who need some assistance but retain the ability to make certain decisions independently.
The 7 Powers of Conservatorship
The 7 powers of conservatorship in a limited conservatorship are specific powers the court can grant a conservator over an adult with developmental disabilities. These seven powers are: (1) to fix the residence or specific dwelling of the conservatee; (2) to have access to confidential records and papers; (3) to consent or withhold consent to marriage; (4) to enter into contracts; (5) to consent to and arrange for medical treatment; (6) to manage and control the conservatee's personal effects; and (7) to give or withhold consent for education. Courts grant only those powers necessary for the conservatee's care — limited conservatorship California courts are instructed to grant the least restrictive arrangement that meets the conservatee's needs.
Conservatorship vs Guardianship California
Conservatorship vs guardianship California distinction is primarily about age: guardianship applies to minors (under 18) and conservatorship applies to adults. Guardianship proceedings are filed under Probate Code section 1500 et seq.; conservatorship proceedings are filed under Probate Code section 1800 et seq. Both involve court oversight and periodic review, but the substantive standards differ based on the needs of the protected person.
Conservatorship family law California cases arise when a family law matter intersects with incapacity — for example, when a spouse in a divorce proceeding lacks the capacity to participate or make decisions, a conservator may need to be appointed to represent that spouse's interests in the family law proceeding.
How to Get a Conservatorship in California
How to get a conservatorship California requires filing a petition with the probate court in the county where the proposed conservatee lives. The petition must describe the conservatee's condition, why they need assistance, and what powers the proposed conservator seeks. The court requires an independent medical evaluation, investigation by the court's investigator, and a hearing at which the proposed conservatee has the right to appear and contest the petition. Courts take conservatorship seriously — it is a significant limitation on an adult's autonomy and requires substantial justification.
Furubotten Law, APC handles conservatorship matters and the intersection of conservatorship with family law proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary consultation.