A conservatorship is a legal arrangement wherein a judge designates an individual to act on behalf of, and make decisions for someone in need of assistance.
The appointed individual is referred to as the conservator, while the individual requiring support is known as the conservatee. Generally speaking, a judge can only assign a conservator if alternative, less invasive options are not viable.
Because individuals require varying levels and forms of assistance, different categories of conservatorships exist.
General Conservatorship: A conservatorship in which the appointed individual possesses all powers and duties, excluding those deemed unnecessary.
Limited Conservatorship: A conservatorship wherein the conservator’s authority is strictly confined to a maximum of 7 specified powers, tailored to the conservatee’s particular requirements.
The appointed conservator can focus solely on the person’s care or take on the additional responsibility of managing their financial affairs.
Conservatorship of the Person: When the conservator is tasked with overseeing a person’s care and safety.
Conservatorship of the Estate: When the conservator is responsible for managing the individual’s finances.
In cases where a person necessitates both conservatorship of the person and the estate, a judge may designate a single individual to oversee both domains or appoint different individuals for each.
In a limited conservatorship, the conservator may exercise up to 7 specific powers:
There are many ways that a person, or others who love and support the person, can get the help they need without a conservatorship.
Supported decision-making (SDM) is a collaborative approach empowering individuals with disabilities to receive assistance from chosen individuals while retaining their decision-making capacity, promoting informed choices and self-determination without involving the courts. More information on SDM can be obtained from:
Additional information may be found in our Forms and Local Resources section.
A power of attorney (POA) agreement allows one person to name another person to make financial or other decisions on their behalf. A POA can be either “durable” or “springing.”
A POA can be “limited” such that the powers only apply for a particular decision and don’t carry over to other parts of the person’s life. A POA agreement can be changed or terminated by following the same procedures that were used to create it.
Get a standard POA and more information on POAs from the Sacramento County Public Library.
An AHCD allows a person to name another individual to make health care decisions on their behalf. The person making an advanced health care directive can also determine ahead of time what type of medical treatment they would want if they are unable to express their preferences in the future. Directives are like instructions that document a person’s desires, allowing them to be followed if the person is unable to communicate or make decisions at a later time.
