Conservatorship is often required when an adult can no longer meet their own personal or financial needs due to physical or mental limitations. Degenerative conditions, such as Alzheimer’s disease or dementia, are common causes of conservatorship. Traumatic brain injuries, terminal illnesses, developmental disabilities, and mental health disorders may also result in a conservatorship.

The Alzheimer’s Association estimated 7.2 million Americans age 65 or older had Alzheimer’s disease in 2025. Some families file for conservatorship after learning of unpaid bills, confusion with finances or bank accounts, or other signs that the adult may need help with their finances. California courts typically require evidence that a person cannot adequately manage essential personal or financial obligations without conservatorship.

In California, a conservatorship typically starts with a petition to a probate court for authority over the financial or personal matters of another adult. California Probate Code § 1801 provides that the court may appoint a conservator when a person is unable to provide for personal needs or unable to manage financial resources and is without a personal or family support system able to provide such care.

After filing the petition, the proposed conservatee and certain relatives are usually provided with formal notice of the proceedings. The court may also require medical evidence, evaluations, or interviews. In most counties, a court investigator meets with the parties and makes a written report to the judge prior to the hearing. Depending on the circumstances, conservatorship proceedings may be quite adversarial and emotionally challenging for families.

A conservator may be called upon to deal with important financial, legal, and personal affairs on behalf of the conservatee, with court approval. This may include a range of tasks, depending on the conservatorship granted. Some examples of these tasks are listed below:

• opening or maintaining bank accounts
• paying bills
• safeguarding assets
• overseeing investments
• managing medical care and/or insurance policies
• maintaining suitable living arrangements

In general, conservators are to act in the conservatee’s interest. This means avoiding situations that present a conflict of interest when it comes to decision-making. Conservators may be required by California courts to keep detailed financial records and provide accountings or status reports periodically throughout the conservatorship.

Mismanagement of funds or failure to follow court orders can lead to sanctions, removal of the conservator, or other court action. Conservatorship duties can last for years, depending on the circumstances and needs of the conservatee.

The probate division of the Fontana District of the San Bernardino County Superior Court on Arrow Boulevard in Fontana handles conservatorship cases for Montclair residents. Probate proceedings in this area may involve hearings, filings, and investigations administered through the county court offices serving San Bernardino County residents.

When families file for conservatorship, they must adhere to the probate court’s specific local rules, filing mandates, and notification processes. A Montclair conservatorship attorney can be an invaluable resource in maintaining compliance with California conservatorship laws.

Are There Alternatives to Conservatorship in California?

Yes, there are alternatives to conservatorship in California. Powers of attorney, advance health care directives, and living trusts are some of the possible ways an individual can receive assistance without going through conservatorship proceedings.

These measures are typically most successful when all necessary legal documents have been signed before the time of incapacitation. California courts sometimes take into consideration whether any less restrictive alternatives are available to a person before granting conservatorship petitions.

Can an Out-of-State Family Member Serve as Conservator?

California courts may allow an out-of-state family member to serve as conservator if the court determines the conservatee’s welfare would remain protected. Judges typically assess the conservator’s relationship with the conservatee, their practical ability to manage affairs from a distance, and their outlined plans for medical and financial matters.

Courts sometimes impose additional oversight or documentation requirements when the conservator lives outside of California. Distance can pose a problem if regular face-to-face involvement is essential for ongoing care decisions.

How Many Older Adults Experience Financial Exploitation?

The National Council on Aging estimates that older Americans lose $28 billion a year to financial exploitation. Fraud, undue influence, scams, and financial asset misuse can compromise a person’s financial security and ability to live independently. Many families don’t start to consider legal protections until they discover suspicious or unauthorized transactions, missing funds, or abrupt changes in decision-making for an older family member.

Can a Conservatorship Be Terminated in California?

Yes, a conservatorship can be dissolved in California if the conservatee later acquires the capacity to handle personal or financial matters independently. Interested parties can petition for termination when circumstances improve substantially or conservatorship is no longer necessary.

Courts often require updated medical evidence, financial information, and testimony before deciding whether termination is appropriate. Conservatorships may also end upon the conservatee’s death or when the court determines a less restrictive arrangement would adequately protect the conservatee’s interests.

Conservatorship proceedings are hard for families who are faced with making decisions about their loved one’s health care, financial well-being, and long-term plans. Whether it is a matter of diminished mental capacity, financial vulnerability, or the ability to manage daily affairs, it is important to know the options available when considering conservatorship.

An attorney can help you understand the available options and help you address the requirements of a California probate court, including any issues that may arise. Gaudy Law serves clients throughout California with conservatorship and other probate-related needs. Schedule a consultation to hire a conservatorship lawyer you can trust.