Los Angeles Estate Planning: Conservatorship Help Now
If an adult in Los Angeles cannot manage personal or financial affairs, a California conservatorship may be appropriate. Below, we outline the types of conservatorships, how the Los Angeles County process works, urgent options for immediate protection, and practical steps to prepare or avoid conservatorship when possible. For current procedures, see the California Courts Self-Help guide and Los Angeles Superior Court Probate resources.
Last reviewed: August 19, 2025
What Is a Conservatorship in California?
A conservatorship is a court proceeding in which a judge appoints a responsible person or organization (the conservator) to care for an adult (the conservatee) who cannot sufficiently manage personal needs or finances, or is vulnerable to fraud or undue influence. Probate conservatorships are governed by the California Probate Code, while Lanterman-Petris-Short (LPS) mental health conservatorships are governed by the Welfare and Institutions Code. Local court rules and procedures—such as those of the Los Angeles County Superior Court—also apply to filings and hearings. See: California Courts Self-Help; California Codes; LASC Probate Division.
Types of Conservatorships
- Conservatorship of the Person: Decisions about health care, residence, and daily needs. See Self-Help: Conservatorship.
- Conservatorship of the Estate: Management of money, income, benefits, and property, including required accountings. See Self-Help and Judicial Council Probate Forms.
- Limited Conservatorship: Tailored for adults with developmental disabilities; powers are limited to what is necessary. See Self-Help.
- LPS Conservatorship: For adults with serious mental health conditions needing specific treatment and placement authority; different rules and timelines apply. See DHCS: LPS Conservatorship.
- Temporary Conservatorship: Short-term authority while a general petition is pending, when immediate protection is needed. See Probate Code (e.g., §§ 2250–2257) at California Codes.
When a Conservatorship May Be Appropriate
Courts consider conservatorship when a person cannot make or communicate informed decisions, is at risk of neglect, abuse, or financial exploitation, and less-restrictive alternatives are ineffective. Judges must prefer the least restrictive option that adequately protects the person. See Self-Help: Conservatorship.
Alternatives to Conservatorship
Before filing, explore tools that may meet the person’s needs without court intervention:
- Durable Power of Attorney for finances
- Advance Health Care Directive and HIPAA authorization
- Representative Payee for government benefits
- Trusts and successor trustee management
- Supported decision-making arrangements
- Joint accounts with safeguards and professional money management
These options can be faster and less costly and preserve autonomy when they are workable and properly executed. See California Courts Self-Help (Alternatives).
How the Process Works in Los Angeles County
Conservatorship cases are filed in the Los Angeles County Superior Court, Probate Division. Typical steps include: filing the petition and required forms, giving notice to relatives and interested parties, a court investigator’s review, and a hearing before a judge. The proposed conservatee has important rights, including notice of the case and, in many situations, a court-appointed attorney. The court considers medical/capacity evidence, the proposed conservator’s qualifications, and whether less-restrictive options would suffice. If granted, the conservator must comply with ongoing reporting and accounting rules, complete any required orientation/education, and obtain any required bond for estate matters. Filing methods, formatting, and scheduling are governed by statewide rules and local LASC procedures. See Self-Help, Judicial Council Probate Forms, and LASC Probate Division.
Urgent Situations: Temporary Conservatorship and Immediate Protection
When someone faces immediate risk of harm, serious medical neglect, housing loss, or financial abuse, the court may consider a temporary conservatorship while a general petition is pending. Courts focus on preventing imminent harm and will limit powers to what is necessary. Evidence supporting urgency—such as medical declarations, police reports, bank records, or declarations from caregivers—can be critical. Emergency protective orders or Adult Protective Services involvement may also be part of a safety plan. See the Probate Code (e.g., §§ 2250–2257) at California Codes and Self-Help.
Duties and Oversight
Conservators are fiduciaries: they must act in the conservatee’s best interests, avoid conflicts, keep funds separate, maintain detailed records, and report to the court. Oversight occurs through mandatory accountings, periodic reviews, and investigator reports. For limited conservatorships, the court tailors powers to maintain rights whenever possible. Conservators of the estate must follow strict rules for investments, expenditures, and recordkeeping. See Self-Help and California Probate Code.
Costs, Timing, and What to Expect
Costs and timelines vary based on complexity, the need for temporary orders, objections, the type of conservatorship, and court calendars. Anticipate filing fees, court investigator assessments, possible bond premiums (for estate cases), and legal/professional fees. Some fees may be payable from the conservatee’s estate if approved by the court. The court may require conservator education and periodic reviews after appointment. See Self-Help and LASC Probate Division.
Practical Tips
- Document concerns early with dates, incidents, and supporting records to streamline court review.
- Gather contact info for relatives and care providers to satisfy notice requirements.
- Consider limited conservatorship powers first and expand only if necessary.
- For finances, separate accounts immediately and keep receipts for every expenditure.
Conservatorship Preparation Checklist
- Identify less-restrictive alternatives and why they are insufficient.
- Collect medical declarations or capacity evaluations.
- List assets, income sources, and monthly expenses (for estate matters).
- Prepare a proposed care plan and living arrangements.
- Confirm bondability if seeking conservatorship of the estate.
- Complete and organize required Judicial Council forms.
- Schedule conservator orientation if required by the court.
FAQs
Do I need a lawyer to file in Los Angeles County?
No, but conservatorship is complex. An attorney can help avoid delays, objections, or rejected filings.
How long does a temporary conservatorship last?
Temporary orders are short-term and generally remain in place only until the general petition hearing or as specified by the court.
Can a conservatorship be terminated?
Yes. If the conservatee regains capacity or less-restrictive supports become adequate, the court can modify or end the conservatorship.
What if there is family disagreement?
The court may appoint counsel for the conservatee, set an evidentiary hearing, or consider a neutral professional conservator.
Is an LPS conservatorship the same as probate conservatorship?
No. LPS conservatorships follow different statutes, timelines, and criteria focused on serious mental health treatment needs.
How We Help Los Angeles Families
We help families evaluate alternatives, prepare and file petitions, coordinate capacity evaluations, seek temporary relief when warranted, represent you at hearings, and comply with post-appointment duties. We also set up estate planning tools—trusts, powers of attorney, and health directives—to minimize future court involvement.
Getting Started
If you’re concerned about a loved one’s safety, finances, or medical care, we’re here to help. Contact us for a consultation. We’ll assess whether a conservatorship is appropriate, explore alternatives, and act quickly in urgent situations to protect your family member.
Sources
- Judicial Branch of California, Self-Help Guide: Conservatorship
- Judicial Council of California, Probate Forms
- Los Angeles County Superior Court, Probate Division
- California Legislative Information, Probate Code (and other Codes)
- California Department of Health Care Services, LPS Conservatorship
Disclaimer
This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and procedures change, and outcomes vary by facts and jurisdiction. Consult a qualified California attorney about your specific situation.