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Overview

A conservatorship is a court proceeding where a judge appoints a responsible person (conservator) to care for an adult who cannot care for themselves (conservatee). While conservatorships are designed to protect vulnerable adults, they can also be vehicles for abuse when conservators prioritize their own interests over those of the conservatee.

Court Oversight: Unlike powers of attorney, conservatorships are supervised by the Probate Court. Conservators must file accountings, obtain court approval for major decisions, and can be removed for misconduct. This creates opportunities to challenge abuse through legal proceedings.

Common types of conservatorship abuse:

  • Financial exploitation: Stealing assets, excessive fees, self-dealing transactions
  • Isolation: Cutting off family contact, controlling communications
  • Neglect: Failing to provide proper care, medical attention, living conditions
  • Unnecessary conservatorship: Obtaining conservatorship when less restrictive alternatives exist
  • Conflicts of interest: Decisions benefiting conservator at conservatee's expense
  • Failure to account: Not providing required financial reports to court
Time-Sensitive: If you suspect conservatorship abuse, act quickly. Assets may be dissipating, and the conservatee may be suffering. Contact me at owner@terms.law to discuss challenging the conservator's conduct.
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Conservator Fiduciary Duties

Conservators owe the highest legal duties to their conservatees:

Duty of Loyalty (Probate Code § 2101) ▼
  • Act solely in the conservatee's best interest
  • No self-dealing or conflicts of interest
  • Cannot profit from the position beyond allowed compensation
  • Must disclose all material facts to the court
Duty of Care (Probate Code § 2401) ▼
  • Manage conservatee's affairs with reasonable care
  • Make prudent investment decisions
  • Preserve and protect estate assets
  • Exercise judgment a prudent person would use
Duty to Account (Probate Code § 2620) ▼
  • File periodic accountings with the court (typically annually)
  • Provide detailed records of all receipts and disbursements
  • Account for all property in the estate
  • Failure to account is grounds for removal
Duty of Care for Person (Probate Code § 2351) ▼
  • Provide for conservatee's physical care, health, and safety
  • Arrange appropriate housing and medical care
  • Consider conservatee's wishes and preferences
  • Use least restrictive placement possible
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Types of Conservatorship Abuse

Financial Abuse & Self-Dealing ▼
  • Excessive fees: Charging unreasonable compensation
  • Theft: Taking assets for personal use
  • Self-dealing: Transactions benefiting conservator
  • Unnecessary sales: Selling assets without justification
  • Hiring relatives: Paying family for services at inflated rates
  • Commingling funds: Mixing conservatee's money with personal funds
Isolation & Control ▼
  • Blocking family visits: Preventing loved ones from seeing conservatee
  • Controlling communications: Intercepting mail, phone calls
  • Moving conservatee: Relocating without family knowledge
  • Restricting information: Not sharing medical or financial information
Neglect of Care ▼
  • Inadequate housing: Substandard living conditions
  • Medical neglect: Not providing needed healthcare
  • Failure to visit: Not personally checking on conservatee
  • Ignoring preferences: Disregarding conservatee's wishes
Administrative Failures ▼
  • Failure to account: Not filing required court reports
  • Missing deadlines: Late filings, missed hearings
  • No bond: Failing to maintain required bond
  • Unauthorized actions: Acting without court approval
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Court Remedies

The Probate Court has extensive powers to address conservatorship abuse:

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Removal of Conservator (Probate Code § 2650)

Court can remove conservator for breach of duty, failure to account, or acting against conservatee's interests

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Surcharge (Probate Code § 2401.3)

Conservator personally liable to repay estate for losses caused by breach of duty

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Denial of Compensation

Court can reduce or deny conservator's fees for misconduct

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Bond Recovery

Recover losses from conservator's bond if available

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Appointment of Successor

Court appoints new conservator to replace removed one

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Criminal Referral

Court can refer matters to District Attorney for criminal prosecution

Elder Abuse Claims: In addition to Probate Court remedies, conservatorship abuse may support a civil lawsuit under the Elder Abuse Act (W&I Code 15657.5), allowing recovery of enhanced damages and attorney's fees.
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Evidence Checklist

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Court File

Complete conservatorship file including Letters, accountings, orders, and all filings

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Bank Records

All account statements for conservatee's accounts during conservatorship

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Invoices and Receipts

Documentation for all expenditures claimed by conservator

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Visitation Records

Logs of conservator visits, family visit denials

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Medical Records

Conservatee's health records showing care (or lack thereof)

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Communications

Emails, texts, letters between conservator and family

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Sample Letters

Demand for Accounting and Investigation
[Attorney Name] [Address] [Date] VIA CERTIFIED MAIL [Conservator Name] [Address] Re: Demand for Accounting - Conservatorship of [Conservatee Name] Case No.: [Probate Case Number] Court: [County] Superior Court, Probate Division Dear [Conservator]: I represent [interested party - e.g., "John Smith, son of conservatee Mary Smith"]. This letter demands that you immediately provide a full accounting of your actions as conservator and addresses serious concerns about your management of the conservatorship estate. CONCERNS We have identified the following irregularities: 1. Financial: [Describe - e.g., "Unexplained withdrawals totaling $45,000 from conservatee's accounts between January and March 2025"] 2. Care: [Describe - e.g., "Conservatee has been moved to a facility 50 miles from family without notice or court approval"] 3. Communication: [Describe - e.g., "You have blocked family members from visiting conservatee"] 4. Accounting: [Describe - e.g., "No accounting has been filed with the court in over 18 months"] DEMANDS Pursuant to Probate Code Sections 2620 and 1060, we demand: 1. Within 30 days, provide a complete informal accounting of all receipts and disbursements since [date] 2. Immediately provide family members access to visit [Conservatee] 3. Provide copies of all invoices and documentation for expenditures over $500 4. Explain the circumstances of [specific transaction/decision] CONSEQUENCES If you fail to comply: 1. We will file a Petition for Removal under Probate Code § 2650 2. We will petition for surcharge for any losses to the estate 3. We will request the court appoint a successor conservator 4. We will report this matter to Adult Protective Services 5. We will refer this matter to the District Attorney for potential criminal prosecution The conservatee's welfare is paramount. Your failures to properly manage this conservatorship and account for estate assets constitute breaches of your fiduciary duty. Respond within 30 days. Sincerely, [Attorney Name] cc: [County] Probate Court Adult Protective Services
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Next Steps

1. Review the Court File ▼
  • Obtain complete copy of conservatorship file from Probate Court
  • Review all accountings filed (or note if missing)
  • Check for court orders conservator may have violated
  • Identify any objections previously filed
2. Gather Financial Evidence ▼
  • Subpoena bank records if necessary
  • Compare accountings to actual bank statements
  • Identify unexplained transactions
  • Document self-dealing or conflicts
3. File Appropriate Petitions ▼
  • Petition for Accounting: Force conservator to account
  • Petition for Removal: Remove conservator for cause
  • Petition for Instructions: Ask court to order specific actions
  • Objection to Accounting: Challenge suspicious transactions
4. Report to Authorities ▼
  • Adult Protective Services for abuse/neglect
  • District Attorney for criminal conduct
  • State Bar if conservator is an attorney
  • Professional Fiduciaries Bureau if licensed fiduciary
Need Help? I handle California conservatorship disputes. Whether you need to challenge a conservator's conduct or defend against accusations, contact me at owner@terms.law or schedule at calendly.com/sergei-tokmakov

Conservatorship Concerns?

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