Conservatorship

The forms to initiate a conservatorship case are available in our Conservatorship Form Packet.  If you are representing yourself, you may contact the Civil Self-Help Center for information on the process and access to the required forms.   

Conservatorship

A conservatorship is a legal arrangement in which an adult oversees the personal care or financial matters of another adult considered incapable of managing alone. The incapacitated person is the "conservatee" and the person who takes over care is called the "conservator". A conservatorship may be created when an adult person is unable to properly provide for his or her personal needs for physical health, food, clothing or shelter. This is called a conservatorship of the person.

A conservatorship may also be created when an adult person is unable to manage his or her own financial resources or resist fraud or undue influence. This is called a conservatorship of the estate. Sometimes it is necessary to establish a conservatorship of both the person and the estate.

An adult person may voluntarily request the appointment of a conservator. A conservatorship may also be created for a minor who is married or whose marriage has been dissolved, and who otherwise meets the criteria for an adult conservatorship, or for a member of the uniformed services or other agency of the United States, who is officially determined to be missing.

The Ventura County Superior Court requires proposed conservators to view the video, “With Heart: Understanding Conservatorship” [Español] (Local Rule 10.02 A(3)). The video may be viewed on the Court’s YouTube page. After viewing the video, proposed conservators shall complete and file Local Form VN 182 with the probate clerk’s office.

Proposed conservators are also required to read the “Handbook for Conservators”. [Español]

Conservatorships are heard in the probate department of the superior court. LPS conservatorships are handled by the mental health referee and the civil division.

Conservatorship of the person

The Conservator is responsible for attending the personal needs of the Conservatee, including their daily care, social activities, health care and living arrangements.    The "Handbook for Conservators" and the video "With Heart--Understanding Conservatorships" provide necessary information on the duties of a conservator. The Conservatorship Video is available on the Court’s YouTube page.

Conservatorship of the estate

The Conservator is responsible for managing the finances and the estate of the Conservatee.   A bond will be required in most cases in order to protect the assets and income of the Conservatee in case of mishandling of the estate by the Conservator.   The court requires accountings and reports on a regular basis.   Ignorance of the requirements is not an excuse for failure to comply.  The Civil Self-Help Center does not assist with the accountings and reports for conservatorship of the estate.  For this reason, it is always recommended that conservators of an estate be represented by legal counsel. The attorneys fees must be approved by the court and generally may be paid from estate assets.

LPS Conservatorship

A Lanterman-Petris Short or LPS Conservatorship may be established to arrange placement and mental health treatment for persons who are unable to provide for their food, clothing or shelter as a result of a mental disorder, chronic alcoholism or substance abuse.  Family members or other private parties cannot start a mental health conservatorship. Typically, treatment staff at the hospital where the person is receiving care can start the process. 

Resources and Information

For more information on Conservatorship, visit the California Courts Self-Help Center.

The Civil Self-Help Center provides assistance for self-represented litigants starting a Conservatorship case.