Conservatorships in Orange County and Southern California
A conservatorship is a court case in which a judge appoints a responsible person, the conservator, to care for an adult who can no longer meet their own needs for health, food, clothing or shelter, or who cannot manage their own money or resist fraud and undue influence. In California this is handled in the probate division of the superior court in the county where the person lives.
It is a serious step. The court will ask whether something less restrictive would work first, and the person who would be conserved has rights at every stage. Our job is to help you decide whether a conservatorship is truly needed, and if it is, to get it in place properly and keep it in good standing with the court.
Types of conservatorship
| Type | Who it is for |
|---|---|
| General conservatorship | Usually an older adult who has lost capacity from dementia, a stroke, a brain injury or a serious illness. |
| Limited conservatorship | An adult with a developmental disability, often a young adult turning 18. The conservator receives only the powers the person actually needs, so the person keeps as much independence as possible. |
| Temporary conservatorship | An urgent situation, such as a hospital discharge, ongoing financial abuse, or a need for medical consent, while the full case is pending. |
| LPS conservatorship | A person who is gravely disabled because of a serious mental illness. These are usually started by the county, not by family. We can explain how they differ. |
A conservator can be appointed over the person (care, living arrangements, medical decisions within limits), the estate (money, property, benefits and bills), or both.
The process in Orange County, step by step
- Review alternatives. If the person can still sign a durable power of attorney, an advance health care directive, or a supported decision making agreement, a court case may not be needed. California law requires the petition to address these alternatives.
- Prepare and file the petition. This includes the Judicial Council forms, a capacity declaration from a physician or psychologist when medical consent powers are requested, and information about the proposed conservatee's relatives.
- Notice and personal service. The proposed conservatee must be personally served, and close relatives must receive notice of the hearing.
- Court investigator interview. A court investigator meets with the proposed conservatee, explains their rights, and reports to the judge. The court may appoint a lawyer for the proposed conservatee.
- The hearing. The judge decides whether a conservatorship is needed, who should serve, what powers to grant, and whether a bond is required.
- Letters and ongoing duties. After appointment, a conservator of the estate files an inventory and appraisal within 90 days and periodic accountings with the court. A conservator of the person files status reports. We help you meet these deadlines.
If someone objects
Family members do not always agree on whether a conservatorship is needed or who should serve. The office represents petitioners, relatives who object, and proposed conservators in contested hearings, and can help negotiate an arrangement the court will accept without a long fight.
Common questions
Can I just use my parent's power of attorney instead?
Often, yes. A valid durable power of attorney for finances and an advance health care directive, signed while your parent still had capacity, can avoid a conservatorship entirely. If those documents do not exist, are disputed, or a bank refuses to honor them, a conservatorship may be the remaining option.
My child has autism and is about to turn 18. Do I need a conservatorship?
Not always. Many families use a limited conservatorship, but supported decision making agreements, a power of attorney the young adult signs, or authorized representative forms may be enough. The answer depends on your child's abilities and what decisions need protection.
Does the conservator get paid?
A conservator may ask the court for reasonable compensation from the conservatee's estate, and attorney fees are also subject to court approval. Many family conservators do not seek payment.
Can a conservatorship be ended?
Yes. The conservatee or another interested person can ask the court to terminate it if it is no longer needed, and a limited or general conservatorship ends at the conservatee's death.