What is a conservatorship? How can I establish a conservatorship?

A conservatorship is a judicially created role where a person is appointed to be legally responsible for another adult in an official capacity. There are three different categories of general conservatorships, which are:

1. Conservator of a person
2. Conservator of an estate
3. Conservator of both a person and an estate

When is a conservatorship necessary?

A conservatorship may be considered when an adult is unable to physically or mentally care for him or herself. This includes the person’s ability to maintain his or her health and physical well-being but also encompasses the ability to manage personal and legal affairs.

Isn't a power of attorney sufficient?

While a power of attorney is a valuable tool, it does not offer the same safeguards that a conservatorship can. Many people mistakenly believe that a power of attorney operates to give them the same powers as a conservatorship, but this is not the case. For example, while a power of attorney can authorize someone to act on another's behalf, it does not prevent the person who needs care from entering into contracts, conveying property, or getting married.

A conservatorship grants more authoritative powers to the conservator (the caretaker) over the affairs of the conservatee (person being taken care of). For example, a conservator can seek to void transactions entered into by the conservatee, who is deemed legally incapable of contracting.

How do conservatorship proceedings work?

The person seeking the conservatorship begins by filing a petition with the court. The court then institutes an investigation by a court investigator. The possible conservatee can also fight the attempt to establish a conservatorship by objecting to the proceeding. In that instance, the court will appoint counsel to independently protect the interests of that person. Many factors are weighed by the court to decide whether the conservatorship will be instituted. Ultimately, the matter is decided in a court hearing.

What are the responsibilities of a conservator?

A conservator has many duties and is accountable to the court. A conservatorship does not give free reign for a conservator to use the conservatee’s assets. For this reason, a conservator often has to post a bond with the court to ensure that he or she acts in a responsible and ethical manner in regard to the conservatee’s property. The conservator must also provide an accounting of the conservatee’s real and personal property and explain how it is being spent or disposed of. The court will also oversee how much the conservator is paid by the conservatee’s estate for his or her services in order to make sure this amount is reasonable.

How long does a conservatorship last?

A conservatorship will remain in place until the court orders otherwise. There are many scenarios in which a conservator may be relieved of his or her duties. These may include:

• The death of the conservatee.
• An exhaustion of the estate assets.
• A recovery by the conservatee of physical or mental capacity.
• An inability or unwillingness of the conservator to fulfill his or her duties. In this case, the court will appoint a new conservator.

Free, Confidential Legal Assessment

Considering a legal conservatorship is often a very challenging decision. Many wonder whether it is the right decision for their family under the circumstances. In order to find out your rights and responsibilities before petitioning for a conservatorship, you should speak experienced conservatorship attorney Cheryl Mansell who can help you navigate this challenging legal and personal situation.

Contact usthrough our confidential, secure online form or telephone 323.466.4900 to speak with a Los Angeles conservatorship lawyer about your case. Attorney Cheryl Mansell will listen to your situation and provide a free assessment of your legal options. Call today at 323.466.4900.