Resources

January 1, 2024

Duties of a Conservator

Conservators ensure the well-being and financial stability of individuals with serious disabilities that prevent them from managing their personal or financial affairs. So, what is a conservator? In California, courts appoint conservators to oversee personal care, financial matters, or both for an individual who needs help, called the conservatee. 

At the Law Offices of Jennifer R. Solomon, we guide clients through the legal conservatorship process and provide the support they need. Founded in 2010 by Jennifer Solomon, our firm offers a deep understanding of conservatorship, disability law, and the personal challenges that often accompany having a conservator appointed. Contact us to learn more.

What Is a Conservator?

A conservator is a court-appointed individual or organization responsible for managing the affairs of someone unable to do so themselves. When the court appoints a conservator, it places the individual who needs assistance into a conservatorship, making that person the conservatee.

Who Can Be a Conservator?

In California, a conservator can be anyone who is suitable and who wants to take on the role, including: 

• Family members, 
• Friends, 
• Hired conservators, or 
• An organization.

The court determines whether a potential conservator is suitable based on factors like:

• The conservatee’s needs, 
• The proposed conservator’s ability to meet those needs, 
• Possible conflicts of interest, and 
• Input from the proposed conservatee or other loved ones.

Conflicts of interest may involve, for example, a proposed conservator who owns a business that sells medical equipment using the conservatee’s funds to buy from their company. 

Types of Conservatorships

A conservator’s responsibilities vary by the type of conservatorship. Conservatorships vary based on the level of assistance needed and the areas of life they cover. Different kinds of conservatorships include:

• General—manages all aspects of the conservatee’s personal affairs, financial affairs, or both;
• Limited—assigned when the conservatee has developmental disabilities and needs assistance with tasks while retaining some decision-making rights;
• Conservatorship of the person—makes personal decisions for the conservatee, such as healthcare, living arrangements, and daily needs; and
• Conservatorship of the estate—manages the conservatee’s financial matters, including income, expenses, and assets.

Each type of conservatorship serves a distinct purpose, ensuring that individuals receive the care and financial oversight they require while preserving their rights and dignity.

What Is the Purpose of Appointing a Conservator?

The primary purpose of appointing a conservator is to protect the well-being of individuals who cannot manage their lives independently. Conservatorships enable a disabled person’s loved ones to manage their affairs responsibly and legally.

Without a conservator, vulnerable individuals may struggle to meet their basic needs or may be at risk of abuse. Appointing a conservator provides a legal structure and safety rails through court oversight to protect the conservatee while allowing them as much freedom as possible.

What Does a Conservator Do?

A conservator’s responsibilities depend on the type of conservatorship and the specific needs of the conservatee. But, specifically, what does a conservator do, and how do you know what a given conservator’s powers are? 

During the appointment process, the court grants the conservator only the powers necessary to support and protect the conservatee. These powers enable the conservator to meet the conservatee’s personal, financial, and medical needs while complying with legal requirements. 

Duties of a Conservator of the Person

A conservator of the person makes decisions related to the conservatee’s daily life. These responsibilities include ensuring the conservatee has proper care and access to essential services, such as:

• Determining appropriate living arrangements;
• Making medical decisions;
• Ensuring proper nutrition, hygiene, and overall well-being; and
• Arranging for social and recreational activities.

The conservator must always prioritize the conservatee’s best interests, as determined by their specific needs and circumstances. Acting in the conservatee’s best interests means, for example:

• Following medical recommendations, 
• Making responsible financial decisions, and 
• Ensuring the conservatee has a safe and suitable living environment. 

The court oversees the conservator’s decisions and can intervene if a conservator fails to act in the conservatee’s best interests.

Duties of a Conservator of the Estate

A conservator of the estate is responsible for managing the conservatee’s financial affairs, including:

• Managing income sources,
• Paying bills and managing expenses,
• Overseeing real estate and bank accounts, and
• Maintaining accurate financial records and filing taxes. 

A conservator may need to seek court approval before making significant decisions, such as selling valuable assets.

How Do You Appoint a Conservator?

The conservatorship appointment process begins when a concerned party, such as a family member or a friend, files a petition—formal, legal paperwork—with the probate court. This petition must include detailed information about the following:

• The proposed conservatee, 
• Their condition, and 
• Why a conservator is necessary.

Next, the court schedules a hearing, where a judge evaluates the evidence and hears testimony from interested parties. The proposed conservatee can argue against the conservatorship, and the court may appoint an investigator to assess the situation and make recommendations. If the court determines that a conservator is necessary, it appoints a suitable individual or organization to serve in that role. 

After the appointment, the conservator takes an oath to act in the conservatee’s best interests. The court may require the appointed conservator to file a bond if required by the court. The conservator’s role begins immediately.

Duties of a Conservator

Conservators in California have several specific reporting obligations, which a court reviews to confirm that the conservator is fulfilling their duties and acting in the conservatee’s best interests.

After appointment, a conservator has several initial and ongoing obligations, which vary slightly by the type of conservatorship, including:

• Filing an initial inventory and appraisal of the conservatee’s assets;
• Submitting yearly financial reports detailing income, expenses, and asset management;
• Reporting on the conservatee’s health, living situation, and general welfare;
• Requesting court approval before selling property, making significant investments, or altering the conservatee’s living arrangements; and
• Submitting a final report to the court when the conservatorship ends.

Mismanagement or neglect can result in legal consequences, including removal from the role and repayment of mismanaged funds.

How the Law Offices of Jennifer R. Solomon Can Help

Navigating the conservatorship process can be intimidating. At the Law Offices of Jennifer R. Solomon, we provide experienced legal guidance to individuals seeking to establish or challenge a conservatorship in California. Whether you need assistance establishing a conservatorship or addressing legal concerns regarding an existing arrangement, we are here to help. If you need assistance with a conservatorship matter, contact the Law Offices of Jennifer R. Solomon today for a free 15-minute consultation.