What are the alternatives to a conservatorship in California?

A durable power of attorney, an advance health care directive, a funded living trust, and Social Security representative payee arrangements handle most needs a conservatorship would — without court control. Probate Code section 1800.3 forbids appointing a conservator unless the court finds these less restrictive alternatives will not work.

Conservatorship is the last resort by statute: Probate Code section 1800.3 bars the court from appointing a conservator unless granting the petition is the least restrictive alternative needed for the person's protection, and AB 1194 (2021) sharpened judicial scrutiny of that finding. The alternatives cover most situations if signed while the person still has capacity. A durable power of attorney under Probate Code section 4000 et seq. handles finances; an advance health care directive under section 4600 et seq. handles medical decisions; a funded revocable living trust lets a successor trustee manage assets upon incapacity under the trust's own terms; and a Social Security representative payee manages federal benefits without any court. California also recognizes supported decision-making agreements, formalized by AB 1663 (2022), through which an adult keeps legal authority while choosing trusted supporters. The hard boundary is capacity: once it is lost, documents can no longer be signed, and conservatorship may become the only remaining tool — which is the argument for planning early.

Authority: Cal. Prob. Code § 1800.3