US-CaliforniaWhat is the difference between conservatorship of person vs. estate?
In California, a conservatorship of the person gives authority to make health and personal care decisions for someone who cannot do so themselves, while a conservatorship of the estate gives authority to manage their financial assets and property.
What the Law Says
California law distinguishes between two types of conservatorships: one over the person and one over the estate. Each serves a distinct purpose and grants different legal powers.
A conservatorship of the person is established when an adult is unable to meet their own health, food, clothing, or shelter needs. The conservator makes decisions about medical treatment, living arrangements, and daily care — always guided by the 'least restrictive alternative' principle.
A conservatorship of the estate is created when someone cannot manage their financial resources — such as income, property, or debts — due to mental impairment or physical limitations. This conservator handles bills, investments, real estate, and other assets, and must file annual accountings with the court.
Both types require a court hearing, evidence of incapacity, and appointment by a probate judge. A single person may serve as both conservator of the person and estate, but the roles and duties remain legally separate.
Statutory TextA conservator of the person has the duty to provide for the conservatee’s health, food, clothing, and shelter.
— Probate Code § 2351 — Duties of conservator of the person
Statutory TextA conservator of the estate has the duty to manage and protect the estate of the conservatee and to account to the court for the administration of the estate.
— Probate Code § 2400 — Duties of conservator of the estate
Statutory TextThe court shall select the conservator who is best qualified and most likely to act in the conservatee’s best interest, giving consideration to the least restrictive alternative.
— Probate Code § 1812 — Selection of conservator
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.