What is a Conservatorship

When someone becomes incapacitated and can no longer make sound medical or financial decisions, the only way you can help is if there is a valid Advance Health Care Directive and Durable Power of Attorney for Finance already in place or by court order. This is true no matter the length of your marriage, if you have an adult child or are a child of an aging parent. Without these documents, a conservatorship may be required to obtain a court order. In California, there are two types of conservatorships over an adult who lacks capacity: over the person and over the estate.

Conservatorship Over the Person

A Conservator of the person is responsible for providing general care and protection of the adult. The Conservator ensures that the needs, such as housing and healthcare, of the incapacitated adult (known as Conservatee) are met.

Conservatorship Over the Estate​

A Conservator of the estate manages the assets and finances of the Conservatee. The Conservator must keep track of and account for every penny of the estate.

Our team at Goldfarb & Luu strongly encourages everyone to create Advance Health Care Directives and Durable Power of Attorney to avoid a conservatorship. If a conservatorship is necessary because a loved one has lost capacity, we are dedicated to assuring that the Conservatee is treated with dignity and respect and the Conservator is given education and support to complete the required responsibilities.

The Process of Conservatorship

If you lose capacity and do not have the proper estate planning documents, there is an additional burden is on your family to go through the court process of conservatorship to enable them to care for you and make decisions on your behalf. The court will appoint a lawyer for you who may not always see eye to eye with your family. You may lose your driver’s license, professional licenses, or right to vote. You will be subject to mental examinations and court intervention for the rest of your life. Your family will pay tens of thousands of dollars from your estate to pay for the conservatorship for the rest of your life.

Our philosophy is that because of these burdens, a conservatorship is the last resort, and we do our best to come up with other alternatives where possible.

How We Can Help

At Goldfarb & Luu, we want what is best for you and your family. Through our legal representation, we will help you become a Conservator for your loved one. Our estate planning lawyers will prepare the court documents and represent you during all court hearings. Becoming a conservator can be a stressful process, but we do our best to make it easier on you. We are well-versed on the conservatorship process.