Conservatorship of the person covers care, medical decisions, and where someone lives. Conservatorship of the estate covers money and property. They are separate appointments and you can seek one without the other.
Families often need only the estate side, and asking for both when you need one is a good way to make the process longer and more intrusive than it had to be.
| Conservatorship of the person | Conservatorship of the estate |
|---|---|
| Where the conservatee lives | Bank and investment accounts |
| Medical and care decisions | Real property, including the house |
| Daily care arrangements and services | Income, bills, and debts |
| Coordination with doctors and facilities | Court accountings and bond |
Why the split matters
The estate side comes with financial machinery. Bond, inventory and appraisal of the assets, periodic accountings that the court reviews. If the person's assets are modest and already being handled adequately, taking on that machinery may add cost and oversight without adding protection.
The person side is about the human decisions. It also carries the heavier moral weight, because deciding where an adult lives is the most significant authority in this whole area.
The common real-world pattern
A parent is safely placed in a facility and their care is not in dispute, but nobody can access the accounts to pay for it. That is an estate-only situation. Petitioning for the person as well, out of a general sense that you should ask for everything, invites scrutiny into care arrangements that were working fine.
Where the house sits
Real property falls under the estate. Selling a conservatee's home is not something a conservator simply decides to do, and it typically involves court authority. Families in Los Angeles run into this constantly, because the house is the asset and selling it is how care gets paid for. Expect a process, not a listing agreement.
“The bank is what usually forces the issue. A daughter can arrange her father's care, coordinate his doctors and manage his medications for a year, and still be told by a teller in Woodland Hills that she cannot move $400 between his accounts. That teller is not being unreasonable. That is what the estate side exists for.”
Delia Vasquez-HartDifferent people can hold different roles
One sibling can serve as conservator of the person while another serves as conservator of the estate, or a professional fiduciary can handle the money while family handles the care. That arrangement sometimes defuses a fight, and sometimes creates a permanent two-front war. Which one depends entirely on the siblings, and I will tell you honestly what I think after meeting them.
What each requires you to prove
For the estate, that the person is substantially unable to manage their financial resources or resist fraud or undue influence. For the person, that they are unable to provide properly for their own personal needs, meaning things like health, food, clothing, and shelter. The evidence looks different, and a petition that proves financial vulnerability does not automatically establish the personal side.
Questions we get asked
Can I get just the estate conservatorship?
Yes, and that is frequently the right scope. Ask for the authority you actually need.
Does conservatorship of the person mean I decide where my mother lives?
It gives authority over residence, subject to court limits and to the general requirement of the least restrictive appropriate placement. Certain placements require additional authority.
Do I need a bond?
Bond is common on the estate side and is set by the court based on the assets involved. Discuss it before filing so the cost does not surprise you.
Can my sister do the person side while I do the estate?
It is possible and courts do appoint separately. Whether it is wise depends on whether the two of you can work together, and you already know the answer to that.
Write down the specific decisions your family cannot currently make, the actual ones, this month. That list determines which conservatorship you need, and it is the first thing we work through in the free consultation.