When an adult is no longer able to manage their finances or protect themselves from undue influence, the court can step in and appoint a conservator to act on their behalf. This legal process is known as a probate conservatorship, and the person being protected is referred to as the conservatee.
Conservatorships have gained public attention from celebrity cases like Britney Spears, Brian Wilson, and Wendy Williams. While those cases are extreme and highly publicized, they’ve helped raise awareness about how this legal process works—and when it might be necessary.
Navigating a conservatorship is complex, and that’s where a probate conservatorship attorney plays a vital role.
When Is a Conservatorship Necessary?
A conservatorship is typically considered a last resort. California law strongly favors less restrictive alternatives. In the wake of high-profile cases like Britney Spears’ conservatorship, reforms have tightened the requirements for when courts can impose one.
Before granting a conservatorship, the court must consider:
- Existing estate plans, such as a revocable living trust or durable power of attorney
- Whether the person could function independently with assisted decision-making support, rather than full legal control being transferred
Only when there are no viable alternatives will the court impose a conservatorship.
Why Avoid a Conservatorship?
While conservatorships provide protection, they come with serious drawbacks:
- Time-consuming and expensive legal process
- Ongoing court supervision and strict reporting requirements
- Loss of privacy, as financial and medical details become part of the public record
The better option? Advance planning. Creating a comprehensive estate plan—such as a trust and power of attorney—can eliminate the need for a court-imposed conservatorship altogether.
What Does a Probate Conservatorship Attorney Do?
A probate conservatorship attorney helps families and concerned parties:
- File petitions for conservatorship
- Respond to or contest conservatorship petitions
- Navigate court procedures, hearings, and notices
- Provide guidance to appointed conservators on their legal duties
In contested cases—where family members disagree about the need for a conservatorship or who should serve—an experienced attorney is critical. These matters often involve deep family conflict, sensitive medical records, and complex legal standards.
Once a conservator is appointed, they must:
- Manage the conservatee’s finances and property
- Submit regular accountings to the court (typically on an annual basis)
- Comply with fiduciary duties, including acting in the best interest of the conservatee
A probate conservatorship attorney ensures the conservator meets all of these obligations and avoids legal pitfalls. 
Final Thoughts
Conservatorship law in California is evolving, and the legal process can be daunting. A skilled probate conservatorship attorney provides crucial support—whether you’re seeking to protect a loved one, respond to a contested case, or serve as a court-appointed conservator.
The best protection, however, is always proper planning. Creating an estate plan while you’re still able allows you to choose who will manage your affairs and avoids the need for court intervention down the line.
If you’re unsure whether you need legal help, consider scheduling a free consultation with an experienced probate lawyer. A good lawyer can quickly assess your situation and guide you on the best course of action.
