A conservatorship is a court taking legal rights away from an adult and handing them to someone else. It is sometimes the only option available. It is also expensive, slow, public, and permanent in a way families do not expect.
Before anyone files one, the first question is whether it can be avoided, because a valid power of attorney signed six months earlier usually would have.
Two kinds, often confused
A probate conservatorship covers an adult who cannot manage their own finances or care, most commonly through dementia. An LPS conservatorship is a separate and stricter track for grave disability arising from a mental health disorder, and it is not something a family can simply file on their own.
What the court process involves
- A petition, with medical support
- Notice to a defined list of relatives, whether or not you are in contact with them
- A court investigator who interviews the proposed conservatee privately
- A hearing, at which the proposed conservatee has a right to counsel and to object
- Ongoing supervision, with accountings the court reviews on a schedule
It does not end when the order is signed. That is the part families underestimate. You are reporting to a judge for as long as it lasts.
The alternative usually costs a few hundred dollars
A durable power of attorney and a health care directive, signed while the person still has capacity, do most of what a conservatorship does, without a courtroom. The window closes when capacity does.
When it genuinely is necessary
- No power of attorney exists and the person can no longer sign one
- Someone is exploiting them financially and the transactions need to be stopped and unwound
- A house has to be sold and nobody has authority to sign
- Care decisions are being refused in a way that puts the person in danger
“I turn away more conservatorship petitions than I file. Usually because the family is describing a difficult parent making choices they disagree with, which is not the standard, and is not what this tool is for.”
Delia Vasquez-HartQuestions we get asked
How much does it cost?
More than families expect, because of the investigation, the hearings and the ongoing accountings. We give a range at the consultation rather than a number on a web page, because contested and uncontested petitions are different animals.
Can my parent fight it?
Yes. They have a right to notice, to attend, to counsel, and to object. That is by design.
Does it cover medical decisions?
Only if the court grants conservatorship of the person, and specific medical powers often require additional findings.
Can it be ended?
Yes, on petition, if the conservatee recovers capacity or circumstances change. It is not automatically permanent, though in practice most continue.
Start here
Find out whether a power of attorney already exists. Check the safe, the filing cabinet, and any prior attorney. Finding one changes the entire conversation.