Conservatorships
Alternatives to Conservatorship
Because a conservatorship removes an adult’s right to make their own decisions, California courts require that less restrictive alternatives be considered first. If your loved one still has some capacity, it may be possible to put documents in place that avoid the need for a conservatorship altogether:
Durable power of attorney — authorizes someone to manage financial affairs without court involvement
Advance healthcare directive — names a healthcare agent and documents medical wishes
Revocable living trust — allows a successor trustee to manage trust assets if the grantor becomes incapacitated
Representative payee or VA fiduciary — for individuals whose primary income is Social Security or VA benefits
We always assess whether an alternative to conservatorship is available and appropriate before recommending the court process. When it is necessary, we help you move through it as efficiently and compassionately as possible.
The Connection Between Conservatorships and Estate Planning
Most conservatorships exist because planning wasn’t done in time. A well-drafted power of attorney, healthcare directive, and trust — put in place while your loved one still has capacity — can eliminate the need for a conservatorship entirely. If you’re going through the conservatorship process now and want to make sure your own family doesn’t face the same situation, we also prepare estate plans designed to avoid it. See our
Estate Planning page
When someone you love can no longer manage their own finances or make safe decisions about their personal care — and they don’t have a power of attorney or trust in place — a conservatorship may be the only way to protect them. It’s a serious step, and it’s not one families take lightly. We help you understand whether it’s necessary, and if it is, we guide you through the process in Santa Clara County.
What Is a Conservatorship?
A conservatorship is a court proceeding in which a judge appoints a responsible person — the conservator — to make decisions on behalf of an adult who is no longer able to care for themselves. In California, there are two types:
Conservatorship of the person — the conservator makes decisions about the conservatee’s health care, living arrangements, and daily needs
Conservatorship of the estate — the conservator manages the conservatee’s financial affairs, including paying bills, managing accounts, and protecting assets
The court can grant one or both types, depending on the situation. A conservatorship is supervised by the court on an ongoing basis, with regular reviews and accountings required.
When a Conservatorship May Be Necessary
A conservatorship is typically a last resort. If your loved one signed a durable power of attorney and advance healthcare directive while they still had capacity, those documents may be sufficient to manage their affairs without court involvement. But when no planning was done — or when the existing documents are inadequate, contested, or being misused — a conservatorship may be the necessary path.
Common situations where families seek a conservatorship:
A parent has dementia or another cognitive impairment and never signed a power of attorney
An existing power of attorney is being abused by the person holding it
A vulnerable adult is being financially exploited and needs immediate legal protection
A family member needs the legal authority to make medical decisions, sell property, or access accounts on behalf of an incapacitated loved one
A hospital or care facility requires a court-appointed conservator before proceeding with treatment or placement decisions
The Conservatorship Process in Santa Clara County
Establishing a conservatorship involves several steps, and the timeline depends on whether the matter is contested and whether a temporary conservatorship is needed:
Filing the petition. The proposed conservator files a petition for conservatorship with the Santa Clara County Superior Court, along with supporting documentation about the proposed conservatee’s condition and circumstances. The court filing fee is currently $435.
Notification. California law requires that the proposed conservatee and their close relatives be formally notified of the petition.
Court investigation. The court appoints an investigator to interview the proposed conservatee, assess the situation, and file a report with the court. The investigator’s fees are paid from the proposed conservatee’s estate when funds are available.
Hearing. A judge reviews the petition, the investigator’s report, and any objections before deciding whether to grant the conservatorship and appoint the conservator.
Ongoing oversight. Once established, the conservatorship is reviewed by the court after one year and every two years thereafter. A conservator of the estate must file regular accountings with the court.
In urgent situations — for example, when an incapacitated person is in immediate danger or needs emergency medical care — the court can grant a temporary conservatorship on an expedited basis, often within days, while the full proceeding moves forward.
How We Help
Initial consultation to assess whether a conservatorship is necessary or whether alternatives exist
Petition preparation and filing with the Santa Clara County Superior Court
Temporary conservatorship petitions for urgent situations
Court representation at conservatorship hearings
Coordination with court investigators
Guidance on conservator duties, accountings, and ongoing court requirements
Protective estate planning to prevent the need for a future conservatorship
Serving Santa Clara County
We work with families throughout San Jose, Willow Glen, Campbell, Los Gatos, Saratoga, Santa Clara, Sunnyvale, Cupertino, and the surrounding communities. If you’re concerned about a loved one and aren’t sure where to start, contact us for a consultation.