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Probate: Conservatorship

Overview

This section tells you about probate conservatorships. Probate conservatorships are only for adults over 18. If you are trying to help a child (minor), see the guardianship section of this website.

What is a Probate Conservatorship?

A probate conservatorship is a court proceeding where a judge appoints a responsible person (called a conservator) to care for another adult who cannot care for him/herself or his/her finances (called a conservatee). The person the Court appoints as conservator must be very responsible.

There are two kinds of conservators:

  • A conservator of the person cares for and protects a person when the judge decides that the person (called the "conservatee") cannot do it.
  • A conservator of the estate handles the conservatee’s financial matters – like paying bills and collecting a person's income – if the judge decides the conservatee cannot do it.

If I Become Conservator of the Person, Will I Automatically Become Conservator of the Estate?

No. If you want to become conservator of the estate, you must petition for that. You can do it at the same time as you file your petition for conservatorship of the person or you can file a separate petition later.

Is a Probate Conservatorship Different From a Mental Health (LPS) Conservatorship?

Yes. An LPS conservatorship is only for people who are seriously mentally ill and need special care (usually placement in a locked facility and/or very powerful drugs to control behavior).

But, if a person suffers from dementia and needs special drugs to control the dementia, they may need a probate conservatorship, not an LPS conservatorship. Read more about LPS Conservatorships.

Is a Probate Conservatorship Different From a Limited Conservatorship?

Yes. A limited conservatorship is a type of probate conservatorship for people who are developmentally disabled.

Developmentally disabled people can usually do many things a conservatee cannot do. So, the Court limits their conservators’ powers. Read more about limited conservatorships.