Conservatorships: Protecting Your Loved Ones During Incapacity

Last updated on April 1, 2025

Is someone you care about showing signs of memory loss or confusion? Has a parent, friend, or someone you know been making poor choices that affect their financial or personal well-being? In today’s world, financial elder abuse is an alarming concern. Conservatorships are one of the most effective tools for protecting elders from financial abuse. When an elder is unable to resist undue influence from outside parties, a conservatorship can stop the coercion and prevent further harm.

At The Estate Lawyers, APC, our experienced conservatorship lawyers have been protecting the financial interests of clients in Orange County and Southern California for decades. If you are struggling with an elderly or incapacitated loved one, our legal team can help you reduce unnecessary worry and stress, make sure your loved one’s wishes are honored and a plan is in place to make sure their needs are being met.

What Is A Conservatorship?

Conservatorships are court-supervised proceedings that help protect those who are unable to protect themselves due to incapacity and vulnerability. The paperwork and process to establish and maintain a conservatorship case can be confusing and frustrating. This tedious and form-intensive process can be plagued with delays and expenses if you try to manage it on your own.

Our team of conservatorship attorneys at The Estate Lawyers, APC, are skilled in handling conservatorship appointments for financial management and personal care decisions and for incapacitated adults in California. We streamline the process. Our attorneys will facilitate the conservatorship process to help it move ahead as efficiently as possible, avoiding delays whenever possible and ultimately reducing legal costs.

When Do You Need To Explore A Conservatorship?

When a loved one is diagnosed with memory loss or experiences a sudden medical issue that renders them incapacitated, it is natural to be concerned. But when does it become necessary to establish a conservatorship? Here are a few indicators that a conservatorship might be appropriate:

• Forgetting to pay bills: If a loved one is letting bills go unpaid and unable to manage their own financial affairs, a conservatorship may be appropriate.
• Refusing help: If a loved one refuses to let you help when you offer, a conservatorship may be appropriate.
• Concerns about other family members taking advantage of your loved one: It is not uncommon for siblings or other family members to take advantage of vulnerable adults. If you suspect this is happening in your family, a conservatorship can help protect elderly family members.
• Cost concerns: Costs for in-home care or long-term memory care are expensive. However, a conservatorship can help manage the financial resources of vulnerable adults.

Our conservatorship lawyers at The Estate Lawyers, APC, can help you evaluate your situation and determine if pursuing a conservatorship is appropriate. They can establish rules for handling an incapacitated loved one’s finances and facilitate options for memory care. If you are worried about other family members taking advantage of a vulnerable adult, we can also facilitate access to an incapacitated loved one and make sure they are protected.

It is emotionally and physically exhausting to care for an incapacitated loved one. Our experienced attorneys can help ease the overwhelming burden.

Different Types Of Conservatorships

There are different ways to structure a conservatorship, depending on your loved one’s needs and vulnerabilities. These include:

• A conservatorship of the estate: If a family member is being taken advantage of by another family member or neighbor, or needs assistance with money management or paying bills, a conservator of the estate can manage the financial affairs of someone who needs help. A conservator of the estate can also file legal action to prevent financial elder abuse and undue influence by those seeking to take advantage of an elder/dependent adult.
• A conservatorship of the person: If a loved one becomes incapacitated, a conservator of the person can manage their health care and make important decisions about medications, hospital visits, where they live and other life-care needs. A conservator of the person is designated to make medical decisions on behalf of someone who is unable to do this for themselves.

Not every instance of incapacity requires conservatorship. We will identify those cases where this lengthy and expensive process may be avoided and what other alternatives might be available to protect your loved one.

Does Your Loved One Need An LPS Conservatorship?

In California, the Lanterman-Petris-Short (LPS) Act allows for conservatorships of adults based on severe mental health disorders. For the conservatorship to be granted, the person must be classified as “gravely disabled” by their mental illness. In this context, being gravely disabled refers to someone whose mental illness prevents them from acquiring critical needs such as shelter, food and clothing.

An LPS Conservatorship is for people severely disabled by their mental health disorder, which includes people who suffer from:

• Major depressive disorder
• Bi-polar disorder
• Schizophrenia and schizoaffective disorder
• Obsessive compulsive disorder
• Alcoholism

When these disorders make it so they cannot provide their basic needs, a conservatorship may be granted.

What Does An LPS Conservatorship Entail?

Typically, an LPS Conservatorship is good for one year; however, you can seek to renew it for an additional year, if necessary. There are two types of conservatorships: the conservatorship of the person (conservatee) and the conservatorship ship of the ward’s estate. The conservatee may not need a conservatorship of the estate in some cases.

As the conservator, you determine an appropriate place for the conservatee to live. You must also approve their treatment and any medication their doctor prescribes. Their treatment plan should foster a program that helps them return to their life, as much as possible, as it was before they became sick. You will also manage their financial concerns for their estate if you have conservatorship of the estate.

How We Can Help

Although our firm does not handle LPS Conservatorships, we work with phenomenal attorneys who focus on this nuanced area. We are happy to connect you with the right resources for assistance with this unique type of conservatorship. LPS Conservatorships are generally filed by county counsel and are specifically designed to address the needs of individuals with serious mental health disorders who may require involuntary treatment.

When A Conservatorship May Not Be Needed

Our firm knows conservatorships are not always the only way to protect a loved one. They are effective when someone is truly vulnerable, but other routes can spare you the court process if the timing and situation line up. Handling this alone might mean missing those options, adding stress to an already hard time.

With decades in probate courts, our Southern California team is on board to help you figure out when a conservatorship is unnecessary. Brad’s 200 trials and Amy’s dozens of cases give us insight into what works. Here are some signs a conservatorship might not be needed:

• Your loved one can still decide for themselves.
• No family members or outsiders are causing harm.
• Plans made earlier are holding strong.

We closely examine your case, offering clear guidance to shield your loved one without dragging things into court.

Exploring Alternatives To A Conservatorship

When a conservatorship feels like too much, we point families toward simpler ways to manage. These alternatives can keep things smooth and honor your loved one’s wishes without the courtroom burden:

• Power of attorney: They name someone to step in for finances or care while they are able. We handle the details.
• Living trust: Assets shift to a trustee, and no court is required. We build it to fit their needs.
• Joint ownership: A trusted name on accounts keeps access easy. We walk you through the risks.
• Advance health care directive: They pick who decides medical steps if one cannot make the decisions by themselves. We lock it in legally.

Our Irvine and San Diego teams deliver results you would expect from pricier firms. No matter your specific legal need, we are here to cut the burden and help ensure your loved one stays safe and cared for, with no unnecessary steps attached.

When A Conservatorship Appointment Is Disputed

It is emotionally challenging and difficult to make decisions on behalf of a loved one who has become incapacitated. It is even more difficult when family members disagree or there are allegations of abuse.

As experienced litigators, our conservatorship lawyers have experience with disputed conservatorship appointments and negotiating resolutions to these challenges. Whether your family disagrees on whether or not there should be a conservatorship or who should be appointed as conservators, we can help you facilitate a resolution while also attempting to preserve your family relationships.

Understanding and Preventing Financial Elder Abuse

Financial elder abuse is a growing phenomenon that poses a serious threat to the well-being of vulnerable adults. It involves the illegal or improper use of an elder’s funds, property, or assets, often by those closest to them. When an elder is unable to resist undue influence from outside parties, a conservatorship can stop the coercion and prevent further harm. Signs of financial elder abuse include:

• Unexplained withdrawals from bank accounts
• Sudden changes in financial documents or estate plans
• Unpaid bills despite having adequate resources
• Isolation from family and friends
• New “best friends” or caregivers who appear overly interested in the elder’s finances

Conservatorships are one of the most effective tools for protecting elders from financial abuse. By appointing a responsible conservator, you can ensure that your loved one’s finances are managed properly and that any signs of exploitation are quickly addressed. Our firm specializes in guiding families through these situations, ensuring their loved ones are protected and their assets safeguarded. Our experienced conservatorship lawyers can help you establish a conservatorship to protect your loved one from financial harm and provide peace of mind for your family.

The Growing Phenomenon Of Financial Abuse Of The Elderly

Financial abuse of the elderly, unfortunately, is a growing phenomenon. The National Council on Aging reports that one in 10 Americans over the age of 60 have experienced some form of elder abuse. Two-thirds of perpetrators are adult children or spouses, although abusers can also take the form of a neighbor, friend or caregiver. Often, the abuser slowly takes control of the elder’s finances. In some of the worst scenarios, the abuser facilitates changes to the elder’s estate planning documents or adds themselves to the title of assets.

Proving Undue Influence

In the event a vulnerable or aging adult was unduly influenced when changing or signing their will or establishing a trust, it might be possible to challenge the validity of the will or litigate a trust. Estate documents cannot be procured by fraud, deceit or undue influence.

The California Welfare and Institutions Code defines undue influence as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.” Proving undue influence is not straightforward. It requires expert testimony, analysis of medical records, and a tenacious pursuit of the evidence required to meet the challenging party’s burden of proof.

Our estate administration attorneys zealously represent both elders and loved ones when there are concerns about protecting a vulnerable adult’s wealth and legacy from undue influence, financial abuse and fraud. Our experienced litigation team has successfully helped hundreds of clients protect their loved ones, and we can help give you an advantage in this difficult fight.

Protect A Vulnerable Adult: Consult A California Conservatorship Attorney For Free

We are happy to offer a one-hour paid consultation that provides significant value. During this time, we will review relevant documents and your unique situation, offer legal advice, and help you decide on the best course of action to resolve your dispute.

To schedule your free appointment, contact us by sending a message through our website or calling our office at 866-330-0578. We will be happy to answer your questions and tell you more about how we can help you with your case.