Understand what a conservatorship is and what is required to established one in California.

1. Understand What a Conservatorship Is
and What Is Required To Establish One In California
WHAT IS A
CONSERVATORSHIP
IN
CALIFORNIA?
Scott P. Schomer
Los Angeles Estate Planning and Elder Law Attorney

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Illness and injury are not things that we expect to happen. Even more
unexpected is when an illness or injury leaves a loved-one incapable of taking
care of themselves. If that time comes, it is helpful if you understand what
options are available to you and your family. It may be that establishing a
conservatorship is the best option. If so, understanding what a conservatorship
is and what is required to establish one in California, can go a long way toward
making your decision easier.
Establishing a conservatorship requires a court proceeding, during which an
individual is appointed by a judge to
serve as conservator. The court can
authorize the conservator to control
the property and finances of the
ward; or to have control over the
ward’s personal affairs. Depending on
the circumstances, the conservator
could also be given control over
everything. Courts usually have very broad discretion over determining who to
appoint. A spouse, adult child, parent or sibling is usually the most likely
candidate. Some courts may consider the ward’s preferences.
DETERMINING INCAPACITY
The first step in the conservatorship process is for the court to determine
whether the would-be ward is actually incapacitated. The term “incapacity”

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means the inability to make proper decisions for yourself. The lack of decision
making capability may stem from a disability, cognitive impairment, chronic drug
or alcohol use or various other medical conditions. Incapacity can be temporary
in some cases. There are some medical conditions that frequently lead to
incapacity, such as dementia and Alzheimer’s disease. Age and senility also
diminish a person’s capacity to care for themselves.
WHAT ARE THE DUTIES OF A CONSERVATORSHIP CALIFORNIA?
The principal duties of a guardian are to manage the welfare and safety of the
ward. It is the conservator’s responsibility to protect the ward and his or her
assets. However, the conservator is not free to do whatever he or she chooses.
Instead, the conservator must file a petition with the court and obtain written
permission before making certain important decisions. For example, the decision
to withhold life-saving medical treatment requires a court order, as does
terminating parental rights. The conservator is also required to make annual
reports to the court as to the status of the ward and the ward’s affairs.
ADVANTAGES OF CONSERVATORSHIPS
There are several advantages to establishing a conservatorship. One of the most
important advantages is the required court supervision of conservators. Due to
the formality of the conservatorship process, a conservator appointed by the

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court will remain under the court’s supervision and control during the entire term
of the conservatorship. Continuous court oversight means the ward will be
assured greater protection from any breach of fiduciary duty or mismanagement
of funds. Another more subtle benefit is that the person chosen as conservator
will have a certain level of authority which becomes useful when dealing with
others on the ward’s behalf.
DISADVANTAGES OF CONSERVATORSHIPS
Although required court
supervision is a definite bonus,
that requirement can make
conservatorship a somewhat
costly process. Another
disadvantage is open and public
nature of the process. As such,
the ward’s personal information,
including the circumstances of his or her disability or incapacity and financial
affairs will likely become public knowledge, which may be embarrassing.
The greatest disadvantage for many people is the loss of autonomy and control
over the important aspects of their lives. For many people this can be very
humiliating and even depressing. Luckily, there are less restrictive and more cost
effective alternatives that can, and should, be considered.

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WHAT ARE THE ALTERNATIVES TO CONSERVATORSHIP?
A conservatorship is a formal legal process that results in the stripping away of
an individual’s ability to make their own personal decisions. A conservatorship
should not be considered simply because family members may not agree with or
understand a loved-one’s decisions. Nor should a conservatorship be considered
solely because of a certain medical diagnosis. If a less restrictive option is
available that will provide the necessary protection and support, that alternative
should be considered first.
A durable power of attorney is an
example of a less restrictive
solution. A durable power of
attorney can be drafted by an
estate planning attorney to fit the
specific needs of the principal.
The process is much simpler and
much less expensive than
conservatorship. Other equally effective alternatives include joint bank accounts,
revocable living trusts, and advance directives for health care. In fact, there are
several formal and informal estate planning tools that are available to protect a
person’s assets without the necessity of declaring them incompetent.
Unfortunately, if your loved one is at the point where she is no longer able to
understand a legal document, she will likely be considered incompetent and no

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longer able to legally execute a power of attorney. In that case, a court-
appointed conservator may be the only remaining option.
HOW WILL I KNOW IF IT IS TIME TO CONSIDER A CONSERVATORSHIP?
Often, the first sign of impending incapacity or mental impairment is memory
loss. For example, if your father has started getting lost on the way home, or
your mother is frequently leaving food cooking on the stove, it may be time to
plan on how best to care for them. Incapacity can be temporary, depending on
whether the medical condition causing it can be treated or cured. Regardless of
the cause, it is important not to allow the problem to progress to the point that
they become a danger to themselves or others.
Certainly, the best course of action would be to take care of your loved one
without the need for a conservatorship, but instead with the help of family and
friends. However, sometimes more formal control is needed. So, discuss your
situation and your concerns with an estate planning attorney so you can choose
the plan that is best for you and your family.

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About the Author
Scott P. Schomer is a graduate of Boston University School of Law and is
a frequent lecturer on estate planning and elder law issues, having
appeared on local and national television discussing the importance of
estate planning. Scott has an extensive litigation background and has
over the years obtained in excess of twenty five million dollars in
judgments and verdicts for his clients. Scott is a member of the Probate
Volunteer Panel and has been appointed by the Los Angeles Superior
Court to represent numerous parties in contested proceedings in the
probate court. Scott has also served as Judge Pro Tempore of the Los
Angeles Municipal Court and also been appointed by the court as an expert in probate matters.
Because of his extensive experience, Scott brings a unique perspective to helping protect his
clients.
SCHOMER LAW GROUP
Schomer Law Group is a professional law corporation that specializes in elder law, probate,
wills, trusts and conservatorships. We counsel clients on the unique legal issues relating to
advancing age. Whenever possible, we prefer to help clients plan for the future, avoid probate,
minimize taxes and solidify their legacy. We also help clients plan for possible incapacity and
long-term care. We help our clients deal with issues of aging with independence and dignity. In
addition to estate planning, our firm has considerable experience helping victims of elder
abuse. Our firm has aggressively pursued remedies and recovered assets belonging to our
elderly clients where unscrupulous individuals have taken advantage of the elderly because of
diminished capacity or other impairments.
8740 South Sepulveda Blvd, Ste 107
Los Angeles, CA 90045
Phone: (310) 337-7696
Website: www.schomerlawgroup.com