When Someone You Love Can No Longer Make Safe Decisions Alone

A general conservatorship gives a trusted person the legal authority to manage another adult's personal care, finances, or both — when that adult can no longer do so safely on their own.

What a General Conservatorship Actually Does

A general conservatorship is a court-supervised legal arrangement in which one person — the conservator — is appointed to make decisions for another adult — the conservatee — who lacks the capacity to manage their own life safely. California courts may grant authority over personal decisions, financial matters, or both, depending on what the conservatee needs.

 

This is not a step families take lightly. It involves a formal court petition, a court investigator, and an ongoing duty to report to the court. But when someone is no longer able to manage their finances, maintain safe living conditions, or make sound medical decisions, a conservatorship may be the only legal mechanism that provides real protection.

 

The two primary types of authority granted under a general conservatorship are:

 

  • Conservatorship of the Person: The conservator makes decisions about the conservatee's living situation, medical care, and daily personal needs.
  • Conservatorship of the Estate: The conservator manages the conservatee's financial affairs — income, assets, bills, and property — and must account to the court regularly.

 

Courts may appoint a conservator of the person, the estate, or both, depending on the circumstances.

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Who Typically Needs a General Conservatorship

General conservatorships most commonly arise when a family member — often a parent or spouse — experiences a significant decline in cognitive or physical capacity, and no prior planning documents are in place to handle it.

 

Common situations that lead families to pursue a conservatorship include:

 

  • An aging parent with dementia or Alzheimer's disease who can no longer manage finances or make safe medical decisions
  • An adult who has suffered a stroke, traumatic brain injury, or other serious medical event
  • A family member whose mental health condition has deteriorated to the point that they cannot care for themselves
  • An adult who has been exploited financially and needs court protection to stop further harm

 

If a durable power of attorney and advance health care directive were established while the person still had legal capacity, a conservatorship may not be necessary. When those documents don't exist — or were never executed — the court process becomes the only path forward.

 

We also help families with advance planning documents that can prevent the need for conservatorship entirely. Learn more about powers of attorney and advance health care directives.

How the California Conservatorship Process Works

A general conservatorship in California is initiated by filing a petition in the Superior Court of the county where the proposed conservatee lives. The process involves several required steps before a conservator is formally appointed.

 

Step 1: Filing the Petition

 

We prepare and file the petition with the appropriate California Superior Court, along with required supporting documentation identifying the proposed conservatee's condition and the conservator's qualifications.

 

Step 2: Court Investigator Review

 

The court appoints an independent investigator to interview the proposed conservatee, assess their capacity, and report findings to the judge. This step exists to protect the rights of the person who may be placed under conservatorship.

 

Step 3: Notice to Interested Parties

 

California law requires formal notice to the proposed conservatee and certain relatives. This step has strict procedural requirements — errors here can delay or derail the petition.

 

Step 4: Court Hearing

 

A judge reviews the petition, the investigator's report, and any objections before deciding whether to appoint a conservator and what scope of authority to grant.

 

Step 5: Ongoing Court Supervision

 

Once appointed, a conservator of the estate must file an inventory of assets, submit regular accountings to the court, and seek court approval for certain financial transactions. Conservators of the person have ongoing reporting obligations as well.

 

This process typically takes several months from filing to appointment. In urgent situations, a temporary conservatorship may be available to provide immediate protection while the full petition is pending.

What should i expect?

Why Families in South Orange County Work With Our Firm

Joseph P. Foley has handled conservatorship matters in California courts since 1988. Families navigating this process for the first time face unfamiliar procedural requirements, strict court deadlines, and the emotional weight of making legal decisions on behalf of someone they love. Experience with the process matters.

 

  • Licensed by the California State Bar since 1988 — 35+ years of focused estate and conservatorship practice
  • Mission Viejo office serving South Orange County, with additional meeting locations including Carlsbad
  • 4.9 rating across 49 verified client reviews, with consistent recognition for clear communication and responsive staff
  • Spanish-speaking staff available
  • Secure client portal for document sharing and ongoing case communication
  • ARAG and MetLife legal plan participants — if your employer offers a legal plan, your consultation may be covered

Frequently Asked Questions About General Conservatorships in California

Frequently Asked Questions

  • What is the difference between a general conservatorship and a limited conservatorship?

    A general conservatorship is designed for adults who lack capacity due to age, illness, or injury and need comprehensive oversight of their personal care, finances, or both. A limited conservatorship is a separate legal proceeding designed specifically for adults with developmental disabilities — it grants only the specific powers the conservatee cannot exercise independently, with the goal of preserving as much autonomy as possible.

  • Can a family member serve as conservator, or does it need to be a professional?

    A family member can serve as conservator in most cases. California courts generally prefer to appoint a close relative when one is willing and qualified. A professional conservator is typically appointed only when no suitable family member is available or when family conflict makes a neutral third party necessary.

  • How long does it take to get a conservatorship approved in California?

    A standard general conservatorship petition typically takes two to four months from filing to court appointment, depending on the county and court calendar. If the situation is urgent — for example, if the proposed conservatee is at immediate risk — the court may grant a temporary conservatorship within days of filing to provide interim protection.

  • What happens if someone objects to the conservatorship?

    The proposed conservatee has the right to oppose the petition and to be represented by their own attorney. Other family members may also object. If objections are filed, the matter proceeds as a contested hearing, which can extend the timeline and increase costs significantly. Our role is to prepare a well-documented petition that gives the court a clear and complete picture from the outset.

  • Does a conservatorship end when the conservatee passes away?

    Yes. A conservatorship terminates automatically upon the conservatee's death. At that point, the conservator of the estate must file a final accounting with the court, and the estate is then administered through probate or trust administration, depending on what planning documents exist.

  • What if my parent already has a power of attorney — do we still need a conservatorship?

    It depends on when the power of attorney was signed and whether it remains legally valid. If the document was properly executed while your parent had legal capacity, a conservatorship may not be necessary. However, if the power of attorney is incomplete, was executed after capacity was lost, or is being refused by financial institutions, a conservatorship may still be required. We can review the existing documents and advise you on the appropriate path.
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Get Help With Your Conservatorship Matter

Joseph P. Foley has represented California families in conservatorship proceedings for more than 35 years. Licensed by the California State Bar since 1988, our firm focuses on estate planning, probate, and conservatorship law from our Mission Viejo office, serving families throughout South Orange County and beyond. Learn more about our firm and our approach on our About page.