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Conservatorship is a legally defined role allowing a court-designated person to make essential decisions regarding another individual’s life, such as what kind of health care they need and how they spend their money. The aim is to protect people who are unable to make safe choices for themselves due to a mental or physical disability—much like guardianship, but for adults. Find out how you can use it to protect the interests of your adult child and why you should address it with a probate attorney when drafting your will.

How Does Conservatorship Safeguard Your Child?

California designates limited probate conservatorship and general probate conservatorship. A limited model is ideal when the conservatee, or person in need of assistance, is developmentally disabled. It gives the conservator limited rights, like handling finances, while allowing the conservatee as much independence as possible.

The general model is best suited for adults who are unable to care for themselves at all; for instance, due do dementia or physical injury. It may also be applied to persons who are considered more susceptible to undue influence and could fall victim to scams.

Why Should You Address Conservatorship With a Probate Attorney?

probate attorneyThe “age of majority” when a person is considered an adult is 18 in most states, including California. This is the point when a conservatorship can prove useful, allowing you to safeguard vulnerable individuals from harm. In most cases the conservatorship ends when the conservatee passes away or gains the ability to handle their own affairs.

In the case of conservatorship for your child, however, it’s more likely that you will pass away first. Who will step into your shoes and guide their life choices? If you are drafting a will, talk to your probate attorney about how to best address this and ensure that estate taxes and debts don’t eat into the assets you want to leave to your loved one.


If you are uncertain whether a conservatorship is warranted in your situation, talk to My Legal Team, Inc. about your options. Located in Signal Hill, CA, they serve all of Los Angeles county with affordable legal consultation. With more than 30 years of combined experience, they have knowledge you can rely on. They cover a variety of legal areas, from probate issues to divorce and child custody. Call (562) 479-0900 to schedule an appointment with a probate attorney today. 

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