When an aging parent or loved one begins to struggle with managing their personal, medical, or financial affairs, families in Santa Barbara often find themselves faced with difficult questions. One of those questions may be whether a conservatorship is the right option — or how to prevent one if appropriate plans are already in place.
Below, we’ll walk through the essentials of California conservatorships — how they work, when they’re needed, and what protections exist under state law to ensure fairness and oversight.
What Is a Conservatorship?
A conservatorship is a legal proceeding in which a court appoints someone (the conservator) to manage the personal and/or financial affairs of an adult (the conservatee) who is unable to do so. This process typically begins when a concerned family member or friend petitions the court, supported by medical evidence that the individual lacks capacity and that no less restrictive alternative would suffice.
The goal is always to protect the vulnerable person — not to take away rights unnecessarily.
Guardians vs. Conservators: What’s the Difference?
In California, the terms “guardian” and “conservator” are not interchangeable.
This is important because, while other states may use the term “guardianship” to describe both situations, California law separates the two under the Probate Code.
How the Appointment Process Works
A conservator cannot be appointed in secret. California law provides multiple safeguards to ensure that the proposed conservatee:
No one in Santa Barbara — or anywhere in California — can be placed under conservatorship without being informed and given an opportunity to respond.
Who Can Request a Conservatorship?
Under California Probate Code §1820, a conservatorship petition can be filed by:
This means family members are usually the first to step forward, but if no one is available or suitable, the county or a professional may intervene.
Family Member or Professional Conservator?
In most cases, the court will appoint a family member or friend as conservator — often the person nominated by the conservatee in their estate plan. However, when there are conflicts among relatives, or when no one is able to serve, the court may turn to a Licensed Professional Fiduciary (LPF).
Professional conservators are neutral, state-licensed individuals trained to manage personal and financial affairs. In Santa Barbara County, the court may appoint one when it believes that doing so best serves the conservatee’s interests.
Oversight and Accountability
Conservators — whether family or professional — are not free to act without oversight.
They must:
Family members and friends also have the right to raise concerns with the court at any time. In Santa Barbara, the Probate Court Investigator routinely contacts family members to review how things are going and ensure that the conservatee’s welfare remains protected.
Can a Conservator Restrict Visitors or Move Someone to a Facility?
Generally, a conservator cannot prevent family or friends from visiting, nor can they move the conservatee into a care facility without specific court approval.
A conservatee’s home is legally presumed to be the least restrictive environment. If a move to a memory care or secured facility is proposed, the court must find — based on medical and factual evidence — that the move is necessary, appropriate, and beneficial.
What If a Conservator Misuses Funds or Acts Unethically?
All conservators must post a bond, which acts like an insurance policy to protect the conservatee’s estate against theft or financial abuse.
If a conservator steals or mismanages funds:
Who Regulates Professional Conservators?
Professional conservators — officially known as Licensed Professional Fiduciaries — are regulated by the California Department of Consumer Affairs. They must:
Complaints against a licensed fiduciary can be filed either with the Santa Barbara County Superior Court (if they are serving under a court order) or directly with the Fiduciary Bureau.
Avoiding Conservatorship with Proper Planning
If you already have a Durable Power of Attorney for finances and an Advance Health Care Directive, a conservatorship is often unnecessary. These documents designate trusted agents to make decisions on your behalf if you become incapacitated, and courts typically view them as less restrictive alternatives to conservatorship.
This is one reason why proactive estate planning is so valuable — it helps you retain control over your choices, even if you later lose capacity.
Final Thoughts for Santa Barbara Families
Deciding whether to pursue a conservatorship can be deeply emotional. It’s often a last resort — used only when a loved one truly cannot care for themselves and no other planning tools are in place.
If you are considering filing for conservatorship in Santa Barbara, or if you’re worried that one may be imposed unfairly, speaking with an experienced probate or elder law attorney can help you understand your rights, alternatives, and responsibilities.
With proper guidance and the strong safeguards provided under California law, conservatorships can protect vulnerable adults while respecting their dignity and independence.
