How Is a Conservatorship Established?
An interested party (family member, social worker, or institution) files a petition with the probate court, providing evidence that the person cannot manage their own affairs. A court investigator assesses the individual's capacity. The proposed conservatee is entitled to legal representation and a hearing. If the court determines incapacity, it appoints a conservator and defines the scope of authority. The process can take several weeks to months and involves attorney fees, court costs, and ongoing reporting requirements.
What Is the Difference Between Conservatorship and Guardianship?
Terminology varies by state, but generally: conservatorship refers to authority over financial matters, while guardianship covers personal decisions (healthcare, living arrangements). Some states use "conservatorship" for both (California), while others use "guardianship" for both (New York). In practice, courts can grant authority over one or both areas depending on the individual's needs. Limited conservatorships preserve as much of the person's autonomy as possible.
How Can You Avoid a Conservatorship?
Proactive planning eliminates the need for court-imposed conservatorship: a durable power of attorney appoints your chosen agent for financial decisions; a healthcare proxy designates your medical decision-maker; and a revocable trust with a successor trustee ensures asset management continuity. These documents are less restrictive, more private, less expensive, and faster to activate than conservatorships. Every adult should have these in place before they are needed.
Frequently asked questions
Can a conservatorship be terminated?
Yes. The conservatee, their attorney, or any interested party can petition the court to terminate or modify the conservatorship. Termination requires evidence that the person has regained capacity or that the conservatorship is no longer necessary. The court will evaluate the evidence and may require a capacity assessment.
How much does a conservatorship cost?
Initial conservatorship proceedings typically cost $3,000-$10,000+ in attorney and court fees. Ongoing costs include annual accountings, attorney reviews, and conservator fees. Professional conservators charge hourly rates or a percentage of the estate. These costs come from the conservatee's assets, reducing their estate over time.