Conservatorship

Conservatorship is a legal status to which a court appoints a person to manage the financial and personal affairs of a minor or incapacitated person. A conservator may also serve as a guardian who is responsible for establishing and monitoring the physical care of the individual and managing their living arrangements.

How a Conservatorship Works

Conservatorship generally refers to the designation of a conservator by a court to manage the financial and personal affairs of an incapacitated or incompetent individual, minor, or older adult with limited capacity. In general, a conservatorship and a guardianship are different, but the same person can serve in both roles. A guardianship generally entails the appointment of a person to oversee the physical and medical care of an individual with limited capacity.12

Conservatorships can be general or limited. Under a general conservatorship, a conservatee—the person under the conservatorship—typically has little to no decision-making powers. A limited conservatorship allows the conservatee to keep a majority of control over their financial and personal affairs, with the exception of what the court orders the conservator to oversee.3

The terminology of conservatorships can vary in different jurisdictions. In some jurisdictions and states, a conservatorship is referred to as a guardianship, and conservators are sometimes called trustees. In California, both roles are called conservatorship, with the guardian role termed “conservator of the person” and the financial role called “conservator of the estate.

Key Takeaways

•  A conservatorship is when a court appoints someone to manage a minor or incapacitated person’s financial and personal affairs.
• A conservatorship and a guardianship are generally not the same, but one person can serve in both roles.
• Guardianship is usually the appointment of a person to oversee the physical and medical care of a person with limited capacity, or a minor.