When Someone You Love Can No Longer Make Safe Decisions for Themselves
A conservatorship of the person gives a court-appointed conservator the legal authority to make personal care decisions for an adult who can no longer manage their own health, living arrangements, or daily welfare. If you are watching a family member lose the ability to direct their own life — and informal arrangements are no longer enough — this process exists to give you the standing to act.
What a Conservatorship of the Person Actually Covers
When the court appoints a conservator of the person, that individual is authorized to make decisions about where the conservatee lives, what medical treatment they receive, and how their personal care and daily needs are managed. This is distinct from a conservatorship of the estate, which governs financial matters.
Decisions a conservator of the person may be authorized to make:
- Residence and living arrangements, including placement in a care facility
- Consent to or refusal of medical, surgical, and psychiatric treatment
- Access to confidential records and communications related to care
- Coordination with care providers, physicians, and social workers
- Physical custody and supervision of the conservatee
The scope of authority granted by the court reflects the conservatee's specific limitations. Not every conservatorship is the same, and the order will define what the conservator is — and is not — authorized to do.
General vs. Limited: Understanding the Difference
California recognizes two types of conservatorship of the person. A general conservatorship is appropriate when an adult — typically due to age, illness, or injury — lacks the capacity to manage personal decisions across most or all areas of their life. A limited conservatorship of the person is designed for adults with developmental disabilities who retain some capacity and independence, and it grants only the specific authorities the court finds necessary.
Choosing the right type matters. A general conservatorship that is broader than the situation requires can restrict a person's rights unnecessarily. A limited conservatorship that doesn't go far enough leaves gaps that create problems in medical and care settings. We assess the facts carefully before recommending which path fits.
How the Court Process Works in California
Petitioning for a conservatorship of the person involves a structured court process in the Superior Court of the county where the proposed conservatee lives. The timeline and complexity vary, but the core steps are consistent.
Step 1: Filing the Petition
We prepare and file the petition, capacity declaration, and supporting documentation with the appropriate court. This includes identifying the proposed conservatee's current situation and the specific authorities being requested.
Step 2: Court Investigator Review
The court appoints an investigator to interview the proposed conservatee independently. This step exists to confirm that the conservatorship is appropriate and that the proposed conservatee's rights are considered throughout the process.
Step 3: Hearing and Court Order
The judge reviews the petition, the investigator's report, and any objections. If the court approves, it issues letters of conservatorship naming the conservator and defining their authority. Those letters are what give you the legal standing to act.
Step 4: Ongoing Reporting Requirements
A conservatorship does not end at the hearing. Conservators of the person are required to file status reports with the court on a regular basis. We help conservators understand and meet those obligations so the conservatorship remains in good standing.
What should i expect?
When Families in South Orange County Come to Us
Most families who contact us about conservatorship of the person are dealing with one of a few situations: an aging parent with advancing dementia whose care decisions have become urgent, an adult child with a developmental disability turning 18, or a family member who has suffered a stroke or brain injury and can no longer direct their own care.
What they have in common is that the informal arrangements that worked before — relying on trust, family agreement, or habit — have broken down. Medical providers won't take direction from a family member without legal authority. Care facilities require documentation. Decisions need to be made, and there is no legal framework in place to make them.
We have helped families in Mission Viejo, throughout South Orange County, and across Southern California navigate this process since 1988. We know what the courts expect, and we prepare petitions that are complete and accurate from the start.
Frequently Asked Questions About Conservatorship of the Person
Filing fees for a limited conservatorship in Orange County start at approximately $435, but total costs include attorney fees, investigation fees, and the cost of the required capacity declaration. The full cost depends on the complexity of the case and whether any aspects of the petition are contested.
If you have coverage through an employer legal plan — including ARAG or MetLife — your plan may cover a portion of the attorney fees associated with a conservatorship proceeding. We participate in both plans and can confirm your coverage before you commit to anything.
For families without legal plan coverage, we discuss fees directly and transparently at the outset. There are no surprises in what this process will cost you.
Frequently Asked Questions About Limited Conservatorships
How is a conservatorship of the person different from a power of attorney?
A power of attorney is a voluntary document signed by someone while they still have legal capacity. A conservatorship is a court-supervised process used when that capacity is gone or was never present. If a power of attorney was never put in place, or if the person can no longer sign one, conservatorship is often the only available path.Does the proposed conservatee have any say in the process?
Yes. The proposed conservatee has the right to attend the hearing, oppose the petition, and have their own attorney appointed if needed. The court investigator's role is specifically to ensure the proposed conservatee's perspective is heard and that the conservatorship is appropriate given their actual circumstances.How long does it take to establish a conservatorship of the person in California?
Most conservatorships take between 60 and 120 days from filing to a court order, depending on the county and whether any complications arise. Temporary conservatorships can sometimes be granted more quickly when there is an urgent need to protect someone's health or safety.Can a conservatorship of the person be modified or terminated later?
Yes. If the conservatee's condition improves or their needs change, either party can petition the court to modify the scope of the conservatorship or terminate it entirely. The court retains oversight throughout the conservatorship's duration.Do you handle conservatorships outside of Mission Viejo?
We handle conservatorship matters throughout Orange County and in surrounding counties. Families in the Inland Empire, San Diego County, and the greater Southern California region are welcome to reach out. We also assist clients who participate in ARAG or MetLife legal plans, which may cover conservatorship-related services.
Representing Families Throughout Southern California
The Law Offices of Joseph P. Foley has been a California State Bar licensed practice since 1988, with more than 35 years focused on estate planning, probate, and conservatorship law. Joseph P. Foley serves clients from our Mission Viejo office and additional Southern California meeting locations, including Carlsbad. Our 4.9 public rating reflects the experience families have working with us through some of the most difficult decisions they will face. Learn more about our firm and our approach on our About page.
When your family needs the legal authority to care for someone who can no longer care for themselves, we are ready to help you take the right steps.
