A conservatorship is a legal proceeding in which the Court supervises the management of the personal and financial affairs of adults who are physically or mentally unable to take care of themselves.

In California, "guardianships" are established for children under the age of 18 years.  Children never have ability to make legal, financial or even medical decisions for themselves.

(In many other states, the term "guardianship" refers to these proceedings for adults as well as children.)

 A conservatorship proceeding begins when someone files a petition in the Superior Court alleging that the appointment of a conservator is required.  A family member, a friend, or sometimes even a professional conservator may be the petitioner.  The petition is fairly detailed, but I take great care to make sure that no embarrassing or hurtful statements are made.  I strive to draft the petitions so that the dignity and self-worth of the individual is not undermined, regardless of their level of incapacity. 

While estate planning documents such as 'durable powers of attorneys' are helpful in avoiding conservatorships, most of the conservatorships I become involved in arise in situations where an elderly person's needs for health care supervision and financial management exceed the abilities of their closest friends and relatives.  Of course, I have dealt with elder-abuse cases, but would you believe that it is far more common for conservatorships to be needed because an elderly person has, in fact, neglected to take care of him or herself?

I have been involved in several hundred conservatorships representing the family members, the Conservators (professional and nonprofessional), and the Conservatees by appointment of the Los Angeles and San Luis Obispo Superior Courts.

As of now, I still charge only $250.00 an hour for my work in conservatorship proceedings.   Conservators and attorneys must wait for specific court approval before they are paid for their services.  This is one of the many ways that the Court makes certain that the Conservatee is protected.

When family or friends are not available to intervene at the point where a conservatorship is needed, I have often recommended that a private professional conservator be appointed.  We are fortunate in California that there is an organization of energetic, capable individuals who are committed to providing the highest quality of care possible for our community of frail elderly adults.  This organization is known as the "Professional Fiduciary Association of California."  Learn more about this organization by going to their website: www.pfac-pro.org