Conservatorships are often discussed in moments of crisis, when an aging parent forgets to pay bills, an adult child with developmental disabilities turns 18, or a loved one’s mental illness leads to repeated hospitalizations or incarcerations. While conservatorships can provide vital protection, they are not a perfect tool. They restrict rights, can be costly and time-consuming, and are not a one-size-fits-all solution. In many cases, however, they may be the least restrictive alternative available when health, safety, or financial stability is at risk.
A conservatorship is a court-supervised arrangement where a judge appoints a responsible person (the conservator), to manage the personal care and/or finances of an adult (the conservatee), who cannot do so independently. Courts are required to tailor conservatorships to the individual’s needs, granting only those powers that are truly necessary.
There are three primary types of conservatorships in California:
1. Probate Conservatorship
This is the most common form of conservatorship and typically involves older adults experiencing dementia or cognitive decline. It may cover the “person” (healthcare, living arrangements, daily needs), the “estate” (financial management), or both. It is appropriate when someone cannot manage their affairs and has not executed valid estate planning documents, like powers of attorney, advance health care directives, or trusts.
2. Limited ConservatorshipDesigned specifically for adults with developmental disabilities, limited conservatorships recognize that many individuals can make some decisions independently. Instead of removing broad rights, the court grants only specific powers, such as medical decisions or finances, while preserving as much autonomy as possible. The goal is support, not elimination of all personal decision-making.
3. LPS ConservatorshipShort for Lanterman-Petris-Short, this conservatorship is typically imposed upon adults with serious mental health disorders who are gravely disabled and unable to provide for food, clothing, or shelter. Initiated through the county after psychiatric hospitalization, LPS conservatorships are more restrictive and often include authority for mental health treatment and placement in secure facilities. They are typically time-limited and subject to annual review.
There are times when a conservatorship is not the least restrictive alternative. In recognition of the limitations and rights restrictions inherent in conservatorships, California adopted the Uniform Supported Decision-Making Act in 2023. Supported decision-making (SDM) allows individuals to choose trusted supporters to help them understand options, weigh consequences, and communicate decisions, without completely transferring legal authority to make those decisions. SDM agreements are formalized through documentation, can be tailored to specific areas such as finances or health care, and preserve the person’s legal autonomy.
Under current law, courts consider whether supported decision-making or other less restrictive alternatives are appropriate before imposing a conservatorship. This reflects a shift toward maximizing independence, promoting dignity, and ensuring that conservatorships remain a last resort.
Determining whether a loved one needs a conservatorship, which type of conservatorship is most appropriate, or whether a less restrictive alternative may be appropriate, is not always clear. Every individual’s circumstances are unique, and the legal solution should be carefully tailored to preserve as much independence and dignity as possible, while ensuring safety and stability.
Law Offices of Cheryl L. Walsh, APC
949.240.9003 / Cheryl@WalshSeniorLaw.com
27282 Calle Arroyo, Suite 200, San Juan Capistrano, CA 92675
