Conservatorship or power of attorney: what families should try first
When a parent starts to struggle with money or medical decisions, families often hear that they need a conservatorship. Sometimes that is true. Often it is not, and California courts expect you to consider the less restrictive options first.
The two documents that matter most
A durable power of attorney for finances lets a chosen agent manage bank accounts, pay bills, deal with the house and handle benefits. Durable means it keeps working after the person loses capacity.
An advance health care directive names an agent to make medical decisions and can state the person's wishes about treatment and end of life care.
If your parent signed both while they still understood what they were signing, and the documents are broad enough, you may never need a court case.
Timing is everything
These documents can only be signed while the person still has capacity to understand them. Capacity is not all or nothing. Someone in the early stages of dementia may still be able to sign a power of attorney. Once that window closes, a conservatorship is often the only remaining route. If a parent's memory is slipping, the most useful thing a family can do is talk to a lawyer now, not later.
When a power of attorney is not enough
- The documents do not exist or were never signed properly.
- A bank or title company refuses to honor them.
- The person is being financially exploited and the agent cannot stop it, or the agent is the problem.
- The person needs to be placed in a secured dementia care setting, which requires specific court authority.
- Family members are in serious conflict over care.
Supported decision making
California also recognizes supported decision making agreements, in which an adult chooses trusted supporters to help them understand choices while still making their own decisions. This option is especially relevant for adults with developmental disabilities and for people in the early stages of cognitive decline, and courts must consider it before granting a conservatorship.
The bottom line
A conservatorship is a powerful tool and sometimes the only one that works. But it is public, ongoing and supervised by the court. If there is still time to put simpler documents in place, that is usually the better path.