Conservatorships in San Diego County

Conservatorship vs Guardianship in California

The most common point of confusion is the line between conservatorship and guardianship. In California, the difference comes down to age. A conservatorship protects an adult who is 18 or older. A guardianship protects a minor who is under 18. The two proceedings share the same protective goal, but they are governed by different rules and serve different people.

This distinction matters in practice. If an aging parent develops dementia, you would pursue a conservatorship. If you are raising a grandchild whose parents cannot care for them, you would pursue a guardianship. The paperwork, the standards, and the court's expectations differ in each case. If your situation involves a child rather than an adult, our San Diego guardianship team can help you file in the right proceeding.

Guardianship is for minors and conservatorship is for adults. Confirming the conservatee's age is the starting point for any San Diego filing.

Who Needs a Conservatorship, and When

A California conservatorship becomes appropriate when an adult can no longer provide for their own physical health, food, clothing, or shelter, or can no longer manage their finances and resist fraud or undue influence. Age alone is not the test. What matters is the person's functional ability to make and carry out decisions.

Families most often consider a conservatorship in a few situations: an older adult whose dementia or Alzheimer's disease has advanced, an adult recovering from a stroke, serious injury, or coma, or an adult with a lifelong developmental disability who is reaching adulthood. In each case, the court looks for real evidence that the person cannot safely act on their own behalf.

California law also requires the court to consider whether a less restrictive option would work first. A durable power of attorney, an advance health care directive, or a living trust can sometimes meet the need without a court proceeding. A conservatorship is meant to be used when those alternatives are not enough. If planning is still possible, an estate planning attorney can help set up documents that may avoid a conservatorship later.

General vs Limited Conservatorship

Within California probate conservatorships, there are two main forms: the general conservatorship and the limited conservatorship. Choosing the right one shapes how much authority the conservator holds and how many rights the conservatee keeps.

A general conservatorship is the broader form. It is used for adults who cannot care for themselves or their money because of age, illness, or injury, and it is the type most families encounter with an elderly parent. The conservator takes on wide authority over the person, the estate, or both.

A limited conservatorship is narrower and is reserved for adults with a developmental disability that began before age 18, such as autism, an intellectual disability, cerebral palsy, or epilepsy. Here the guiding principle is independence. The conservatee is not presumed to be incompetent and keeps every legal and civil right the court does not specifically transfer to the conservator.

For families planning around a child with a developmental disability, a limited conservatorship often works alongside a special needs trust that protects eligibility for public benefits.

Conservatorship of the Person vs the Estate

Both general and limited conservatorships can cover the person, the estate, or both. The two roles answer different questions.

A conservatorship of the person concerns care, custody, and control. The conservator decides matters such as housing, meals, and medical care, and makes sure the conservatee is safe and supported.

A conservatorship of the estate concerns money and property. The conservator manages income, pays bills, protects assets, and handles financial decisions. When an adult cannot handle either area, a court can appoint a conservator of both the person and the estate.

LPS Conservatorship: A Separate Mental-Health Track

Not every conservatorship runs through the probate rules above. California also has the LPS conservatorship, named for the Lanterman-Petris-Short Act in the Welfare and Institutions Code. It applies to adults who are gravely disabled by a serious mental health disorder and, as a result, cannot provide for their own food, clothing, or shelter.

An LPS conservatorship works differently from a probate conservatorship in two important ways. Only the county's public guardian or a designated agency can petition for one, so a family cannot file on its own. And it lasts one year at a time and must be renewed annually. Because it is a specialized, county-driven process, families facing a loved one's mental health crisis usually start by contacting the county rather than filing in probate court.

The 7 Powers of a Limited Conservatorship

Because a limited conservatorship is designed to preserve independence, the court does not hand over blanket authority. Instead, California Probate Code section 2351.5 lists seven specific powers that a limited conservator can request. The judge reviews each power on its own and grants only those the petition asks for and the evidence shows are necessary. Any power the court does not grant stays with the conservatee.

The seven powers of a limited conservatorship are:

1. Residence. Deciding where the conservatee lives, including placement in a care setting when appropriate.
2. Confidential records. Accessing the conservatee's medical, financial, educational, and other confidential records and papers.
3. Marriage. Giving or withholding consent to the conservatee's marriage or registered domestic partnership.
4. Contracts. Entering into contracts on the conservatee's behalf.
5. Medical consent. Giving or withholding consent to medical treatment.
6. Social and sexual relationships. Overseeing the conservatee's social and sexual contacts and relationships.
7. Education. Making decisions about the conservatee's education.

A family rarely needs all seven. A parent might, for example, ask for authority over medical care and education while leaving the young adult in charge of their own social life. Tailoring the request to the person's real needs is the heart of a well-drafted limited conservatorship.

How to Establish a Conservatorship in California

Setting up a conservatorship is a formal court process with strict safeguards, because it transfers significant authority over another adult. The steps below reflect how a San Diego conservatorship moves through the probate court. Court requirements are highlighted in bold.

1. File the petition. The petition must be filed in the Superior Court, probate division, in the county where the proposed conservatee lives. For local families, that is the San Diego County Superior Court. The petition explains why a conservatorship is needed and, for a limited conservatorship, which of the seven powers you are requesting.
2. Give notice and serve the proposed conservatee. The proposed conservatee must be personally served with the citation and petition, and close relatives must receive notice so they can support or object to the request.
3. Court investigation. A court investigator must interview the proposed conservatee to explain the proceeding, assess their wishes, and report back to the judge. In a limited conservatorship, a Regional Center assessment is also required, generally within 30 days of filing.
4. Legal representation. The proposed conservatee has the right to an attorney, and the court will often appoint one, particularly in limited conservatorship cases, to make sure the person's rights are protected.
5. Medical or capacity evidence. A physician's or licensed professional's capacity declaration is generally required to document the condition that makes a conservatorship necessary.
6. The hearing. The proposed conservatee has the right to attend the hearing and, in certain cases, to a jury trial. The judge must find that the conservatorship is the least restrictive alternative before granting it.
7. Letters of Conservatorship. The conservator has no authority until the court issues Letters of Conservatorship. These letters state exactly which powers the conservator holds and which are reserved.
8. Ongoing duties. For a conservatorship of the estate, the conservator usually must post a bond, file an inventory and appraisal of assets, and submit periodic accountings to the court. The court also reviews the conservatorship on a set schedule, typically within the first year, then periodically thereafter.

The process can feel intimidating, and the paperwork is unforgiving. Working with a San Diego probate attorney who handles conservatorships helps you file the first time correctly and avoid delays that leave your loved one unprotected.

How a San Diego Conservatorship Lawyer Helps

Conservatorship cases sit at the intersection of family stress and technical probate law. A San Diego conservatorship lawyer helps you decide whether a conservatorship is truly necessary or whether a less restrictive option fits better. If necessary, we prepare and file the petition, request the appropriate powers, coordinate with the court investigator and, in limited cases, the Regional Center, and represent you at the hearing.

At Brierton, Jones & Jones, LLP, we have guided San Diego County families through conservatorships. We focus exclusively on trust, estate, and probate matters, so conservatorship work is not a sideline for us. We take the time to explain your options in plain language and to structure a conservatorship that protects your loved one while preserving as much of their independence as the law allows.

You can explore related services on our estate and probate services page, or reach out to talk through your situation.