A conservator is a person appointed by the court to assist an adult who is unable to manage his or her own affairs. Conservatorship proceedings are usually filed in the probate department of the Superior Court.

To establish a conservatorship, a person who knows about the adult needing assistance files a petition with the Superior Court. This person (called the “petitioner”) may be a family member, neighbor, friend, or anyone who has knowledge of the person in need. The petition identifies the name of the person who needs assistance (called the “proposed conservatee”); sets forth facts demonstrating that the proposed conservatee is unable to manage his or her own affairs; and requests that a conservator be appointed to manage the conservatee's affairs. The conservator may be the petitioner or a family member, neighbor, friend, or professional fiduciary. Even an organization, such as a bank, may serve as a conservator.

A judge usually determines whether a conservator should be appointed. If the proposed conservatee objects, he or she has the right to a jury trial.

Professional fiduciaries include individuals and organizations that serve as conservators, typically when no family member or friend is able or available to serve. Individual professional fiduciaries are often self-employed, independent contractors who make full-time careers of providing conservatorship services. Banks and non-profit organizations also serve as conservators; however, banks usually limit their involvement to conservatorships of the estate only.

After a petition for conservatorship is filed, the court sets the matter for hearing. In Los Angeles County, the court appoints a member of the Probate Volunteer Panel (PVP) to represent the proposed conservatee. PVP members are attorneys registered with the Superior Court and assist the court with the resolution of various probate proceedings. PVP attorneys meet with proposed conservatees to explain the proceedings; to advise them of their rights; and to determine whether they object to appointment of a conservator. During the interview, the PVP attorney attempts to determine if the proposed conservatee needs the assistance of a court-appointed conservator and whether the allegations in the petition are true. The PVP attorney files a report with the court based on his or her investigation.

The court determines the powers granted to a conservator on a case-by-case basis. The scope of the appointment will depend upon the nature of the conservatee’s deficits. Depending upon the conservatee’s needs, the court will appoint a conservator of the person or a conservator of the estate or both. A conservator of the person and the conservator of the estate, can be, and often is, the same person.

The court will appoint a conservator of the person if the conservatee is unable to provide for his or her own physical health, food, clothing, or shelter. A conservator of the person decides where the conservatee will live; often has authority to make medical decisions for the conservatee; and coordinates the conservatee’s overall care plan.

The court will appoint a conservator of the estate if the conservatee is unable to manage his or her assets or is susceptible to financial exploitation. A conservator of the estate collects the conservatee's income; pays bills; invests the conservatee's assets; and manages the conservatee's property.

Yes, if there are estate resources conservators can receive reasonable compensation by petitioning the court for fees. The court will review the petition and any objections before approving a fee petition. The fees are paid from the conservatee’s estate.

Yes. In California, a conservator of the estate must file regular accountings with the Superior Court. The accountings must set forth in detail the money the conservator collects, spends, and invests on behalf of the conservatee. The conservator of the person also files reports with the court setting forth information about the status of the conservatee’s living circumstances and advising the court of any changes in the conservatee’s status. Copies of the accountings and reports are provided to the conservatee’s family. The court sets hearings on the accountings and reports, where the court reviews the conservator's activities and determines whether the conservator is acting in the conservatee's best interests.

The cost of establishing the conservatorship is paid by the person for whom the conservatorship is established. The cost includes attorney fees, the court filing fee, and the cost of the PVP attorney and the court investigator.

A conservatorship ends upon the death of conservatee or by court order. A conservatorship may be terminated if the judge determines that the conservatorship is no longer needed. If the conservator dies or is no longer able to perform his or her duties, the court will appoint a new conservator.

Elder abuse generally refers to harming a person who is age 65 or older. Such harm may be physical, mental, or financial. The harm may result from intentional acts or from mere neglect.

In California, legislation specifically created to protect elders also includes protections for younger adults who have disabilities that make them vulnerable to being abused. When the victim of abuse is under the age of 65, the harm is referred to as dependent adult abuse.

Physical elder abuse includes not only the obvious forms of intentional harmful contact—battery, rape, assault with a deadly weapon—but acts that may be the result of negligence. Examples of negligent acts include failing to provide the elder with adequate food and water; failing to assist with basic personal hygiene; failing to obtain or provide adequate medical care; or even failing to call a doctor when an elder needs medical attention. Such neglect often results in serious harm to the elder, including bedsores, dehydration, malnutrition, infections, depression, emotional distress, and even death.

Financial elder abuse includes wrongfully taking money or other property away from an elder person for the use of someone other than the elder. Such abuse is often perpetuated by caregivers, attendants, household employees, and even family members. Examples of financial elder abuse include making charges on an elder’s credit card for the benefit of someone other than the elder; unduly influencing an elder to transfer his or her home or bank accounts to others; and even unduly influencing an elder to execute an estate plan that benefits the abuser or the abuser's family.

Usually the victim of elder abuse is physically or mentally unable to bring an action against his or her abuser. Depending upon the specific circumstances, the law allows a family member, such as a spouse or child, or a court-appointed conservator to bring a civil action for elder abuse.