Conservatorship, Guardianship & Alternatives · Adults who need support
Alternatives to conservatorship
In this guide
- California law treats conservatorship as a last resort when less restrictive options would work.
- Powers of attorney, health care directives, and supported decision-making agreements let a person choose their helpers.
- Benefit programs have their own tools, such as representative payees.
Why alternatives matter
A conservatorship removes some of a person’s rights to make their own decisions. California requires a person asking for a conservatorship to tell the court what alternatives were considered, and the court must find that less restrictive options are not enough before it grants one.
Common alternatives
- Durable power of attorney for finances: an adult with capacity names an agent to handle money matters.
- Advance health care directive: an adult names a health care agent and records treatment wishes.
- Supported decision-making agreement: since 2023, California law recognizes written agreements in which supporters help an adult with a disability gather information and understand choices, while the adult makes the decision.
- Trusts: property can be managed by a trustee under the terms of a trust.
- Representative payee: Social Security and some other agencies can appoint someone to manage benefit payments.
- Authorized representatives for health information, benefits, and banking, arranged directly with each organization.
Many of these tools require that the person still has the capacity to sign them. That’s one reason people sometimes put them in place early.
The planning documents themselves are covered in Health care and money decisions.
Common questions
What if someone is being taken advantage of right now?
Adult Protective Services in each county takes reports of suspected abuse, neglect, or financial exploitation of older and dependent adults. In an emergency, call 911.
Official sources for this guide
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