A conservatorship is a protective court proceeding that is overseen by the probate court. It is a useful mechanism when an adult has suffered a loss of capacity due to an accident or when someone is no longer able to care for themselves properly perhaps simply due to old age.
There are many alternatives to a conservatorship which should be explored before petitioning to have a conservator appointed. Among these are for a spouse or other loved one to informally take care of the person. As to property a spouse in California can legally manage all community property when the other spouse is unable to do so. Additionally, if the person who is unable to care for themselves executed a durable power of attorney at some point when they had capacity, the attorney in fact can step in and manage things. Sometimes it can be difficult to get financial institutions to honor durable powers of attorney. However, there are provisions entitling one to attorney's fees if one has to go to court to get an order forcing an institution to honor a valid durable power of attorney.
In
a conservatorship of the person, a court-appointed fiduciary, the
conservator, manages the personal care of a person who cannot properly
provide for his or her personal needs for physical health, medical
care, food, clothing, or shelter.
The conservator decides where the conservatee lives and may be required
to decide whether the conservatee should live at home or in an
institution. The conservator must make sure that the place selected is
the "least restrictive" appropriate alternative that is available and
necessary to meet the individual's needs.
In a conservatorship of the estate, a court-appointed
conservator manages the financial affairs of a person who is
unable to manage his or her own financial resources or to
resist fraud or undue influence.
The conservator's primary responsibility is to conserve, manage, and
use the conservatee's property in California for the benefit of both
the conservatee and those whom he or she is obligated to support.