Types of California Conservatorships: What’s the Difference?

Most Common

Standard Conservatorship

The most common type of California conservatorship is a standard, or general, conservatorship. Courts typically use it when a person cannot make decisions about personal care, finances, or both. Families also often seek this type for older adults with conditions such as dementia or Alzheimer’s disease. When comparing general vs. limited conservatorship in California, a standard conservatorship gives the broadest authority. It may cover both personal and financial decisions. A standard conservatorship may involve:

• Conservator of the Person: Making decisions about healthcare, housing, and other personal matters.
• Conservator of the Estate: Managing the conservatee’s assets, finances, and paying bills. Compare conservatorship of the person vs conservatorship of the estate.
• Court Oversight: Conservators remain subject to court supervision. A conservator of the estate generally must maintain financial records and file required accountings with the court.

For Developmental Disabilities

Limited Conservatorship

California provides limited conservatorship specifically for adults with developmental disabilities, such as autism and intellectual disabilities. This type provides needed support while helping the conservatee keep as much independence as possible. Understanding standard vs. limited conservatorship in California matters because a limited conservatorship grants authority only in specific areas. A standard conservatorship may grant much broader authority.

• Customized Support: Limited conservatorships are generally less restrictive than standard conservatorships and are different in each case, depending on the individual’s needs. The appointed conservator only has authority in areas where the conservatee requires assistance, such as medical or personal decisions.
• Maintaining Independence: The conservator protects the conservatee’s autonomy as much as possible by supporting rather than controlling. Courts review these conservatorships periodically to ensure the conservatee’s rights and freedoms stay intact. Read more about limited conservatorship for adults with disabilities.

Mental Health Cases

LPS Conservatorship

California created LPS (Lanterman-Petris-Short) conservatorships for people with serious mental health disorders who meet specific legal criteria. Unlike standard and limited conservatorships, LPS cases follow a separate mental health conservatorship system. Family members cannot directly petition the probate court to establish the initial LPS conservatorship. Key differences include:

• How LPS Cases Begin: LPS conservatorships often begin with involuntary detention in a mental health facility to evaluate and treat the individual.
• Treatment: The conservator may have authority over certain psychiatric treatment and placement decisions, depending on the powers granted by the court.
• Limited Duration: An LPS conservatorship generally lasts up to one year and may be renewed if the legal requirements continue to be met.
• Public Guardian Involvement: Only designated mental health professionals or agencies can initiate the referral that may lead to an LPS conservatorship. Unlike standard or limited conservatorships, family members or other interested parties cannot directly file the initial LPS conservatorship petition.

What is the difference between a standard and limited conservatorship in California?

A standard conservatorship grants broad authority over a person’s healthcare and finances. A limited conservatorship grants authority only in the specific areas where an adult with a developmental disability needs support, preserving independence in other areas.

Who qualifies for a limited conservatorship?

Limited conservatorships are designed for adults with developmental disabilities, such as autism or intellectual disabilities, who need support in specific areas of decision-making while remaining independent in other aspects of daily life.

What does a conservator of the estate do?

A conservator of the estate manages the conservatee’s finances. Responsibilities may include paying bills, protecting assets, maintaining financial records, and filing required accountings with the court.

How is a conservator of the person different from a conservator of the estate?

A conservator of the person makes healthcare, housing, and personal care decisions. A conservator of the estate manages financial matters. One person may serve in both roles, or the court may appoint different individuals.

Which type of conservatorship do I need for my family member?

The appropriate conservatorship depends on your loved one’s circumstances. Standard conservatorships generally apply when an adult cannot manage personal care, finances, or both. Limited conservatorships are intended for adults with developmental disabilities who need assistance in specific areas while maintaining as much independence as possible.

What about LPS conservatorships?

LPS conservatorships apply to individuals with severe mental illness and follow a separate county mental health process. Family members cannot directly initiate an LPS conservatorship. Probate & More does not prepare LPS conservatorship documents, but we can direct families to the appropriate county resource.