Conservatorships

We have extensive experience with general probate conservatorships and our primary goal is to help you avoid a conservatorship. But if a conservatorship is truly necessary, we will shepherd you through the labyrinth of paperwork and procedure involved in establishing and managing a conservatorship.

What is a Conservatorship?

• A conservatorship is a protective proceeding in which the Court appoints a person (the conservator) to manage the personal affairs or financial affairs or both of a mentally incapacitated person (the conservatee).

• A conservatorship is considered the nuclear option because it is only available when all other less restrictive alternatives are exhausted. We will explore all available alternatives to a conservatorship before recommending you seek this extraordinary relief.

• A conservatorship of the person may be established for someone who is unable to arrange for their own food, clothing, shelter or medical care.

• A conservatorship of the estate may be established for someone who cannot manage their financial resources, pay their bills, or resist fraud or undue influence.

What are the Different Types of Conservatorships?

• Probate Conservatorships
  Probate Conservatorships are tailored to protecting vulnerable elders who lack capacity to manage their personal and financial affairs and have not engaged in proper incapacity planning.

• Limited Conservatorships
  Limited Conservatorships are tailored to protecting adults with disabilities who are also members of a local Regional Center like Golden Gate Regional Center.

• LPS Conservatorships
  LPS Conservatorships exist to protect individuals with serious mental illness who are deemed gravely disabled and need special care.

• An executed incapacity plan can avoid the need for a conservatorship. A health care or financial agent can make legal decisions on behalf of the vulnerable person without the imposition of a conservatorship. 

• A conservatorship may also be avoided if the vulnerable person is willing to accept help on an informal basis. 

• A married person with an incompetent spouse can get legal authority to take certain actions (i.e. sell property) on behalf of the incompetent spouse without the need for a conservatorship.