What is conservatorship and when is it needed?

What the Law Says

California law defines conservatorship as a legal relationship created by court order to protect adults who cannot care for themselves or manage their finances. The Probate Code sets strict standards for when it may be imposed.

A conservatorship is only appropriate when less restrictive alternatives — like powers of attorney, advance health care directives, or supported decision-making agreements — are insufficient or unavailable.

The court must find, by clear and convincing evidence, that the proposed conservatee is 'substantially unable to provide for his or her own food, clothing, or shelter' (for a conservatorship of the person) or 'substantially unable to manage his or her own financial resources' (for a conservatorship of the estate).

Conservatorships are not automatic — they require a formal petition, notice to interested parties, a court investigation, and a hearing. The court must also consider the individual’s preferences and least-restrictive options.

Statutory Text

A conservator of the person may be appointed if the court finds by clear and convincing evidence that the proposed conservatee is substantially unable to provide for his or her own food, clothing, or shelter.

— Probate Code § 1801(a) — Grounds for conservatorship of the person

Statutory Text

A conservator of the estate may be appointed if the court finds by clear and convincing evidence that the proposed conservatee is substantially unable to manage his or her own financial resources.

— Probate Code § 1801(b) — Grounds for conservatorship of the estate

Statutory Text

The court shall appoint a conservator only if it finds that no less restrictive alternative is available.

— Probate Code § 1800.5 — Least restrictive alternative

Sources