The court can appoint an individual to act on behalf of an incapacitated person when they are no longer able to handle their own financial or personal affairs. If the incapacitated person is an adult, this is called a conservatorship. States can define these terms differently, so it is important to consult a local lawyer. A conservatorship provides a higher degree of protection for the conservatee than other alternatives due to court oversight.

How Does a Conservatorship Work?

A person petitions the court for appointment of a conservator. The petition must explain why the individual cannot manage financial affairs or make appropriate decisions.
A court investigator is then appointed to interview the proposed conservatee to determine if they are truly incapacitated and whether appointment of a conservator is justified.
The investigator reports back to the court with an opinion.
Family and interested parties are notified of the proceedings and may testify in court.
The petition is set for hearing and the conservatee must appear in court unless medically unable.
The judge determines, based on the petition, the investigator’s report, and any evidence taken during the hearing, whether conservatorship is required. If a conservatorship is granted, the judge also decides what types of special powers may be granted to the conservator.
A court investigator visits the conservatee regularly to determine if conservatorship is still necessary.

Terminology

Probate conservatorship – Someone (a conservator) is appointed to manage another person’s (the conservatee) financial and/or personal affairs. The conservatee loses the power to make decisions on their own behalf in these matters.

Conservator of the person – A person is appointed by the court to make decisions about personal matters for the conservatee. This might include decisions about medical care, food, housing, etc. The conservator must file reports to the court once a year.

Conservator for the estate/conservator for finance – The conservator handles the financial and legal affairs of the conservatee. The conservator has the power to collect all the conservatee’s assets, pay bills, make investments, etc. The conservator must seek court supervision for major transactions, such as purchase or sale of property, borrowing money, or gifting of assets. They must also give a financial record of all expenditures to the court once a year.

LPS Conservatorship (Lanterman-Petris-Short Act) – This form of conservatorship is for an individual who has been found to be “gravely disabled.” It can be used to involuntarily commit the person to a psychiatric facility. It is designed for people with serious mental disorders or who are impaired by chronic alcoholism or drug abuse. An LPS conservatorship must be initiated by the county government. A spouse or other relative cannot petition for an LPS conservatorship.

Advantages and Disadvantages of a Conservatorship

Advantages

Protection for conservatee

Increased protection for conservatee than other legal options
Conservator must file an inventory with the court listing all property of conservatee as well as accountings that reflect all transactions involving conservatee’s assets

Neutrality

When a family disagrees on what should be done, conservator can be a neutral party, concerned only for the best interest of the individual

Help for those without insight/resources

Structured method to assist incapacitated individual who may be reluctant to accept help
For those without funds, the court can appoint a public guardian who is employed and paid by the jurisdiction in which the individual lives

Disadvantages

High cost

Must pay for attorney to represent the individual plus court filing fees, legal fees, investigator’s fees, and conservator’s fees
Returning to the court for approval of transactions requires additional attorney’s fees
Professional conservators are paid with funds from conservatee’s estate; family members are also entitled to be paid an hourly fee if appointed

Time consuming

Although emergency temporary conservatorship is possible, process of establishing a permanent conservatorship can take six months or longer

Loss of rights

Less privacy for conservatee as details of conservatorship hearing become public record (accessible by anyone)
Individual loses independence and power to make own decisions

For detailed information about conservatorship, filing information, and FAQs, visit the County of San Diego Probate Court page.

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Updated on August 25th, 2025