Alternatives to Conservatorship in California
A conservatorship isn't the only way to help a loved one who needs support with decisions, finances, or medical care. Depending on the situation, options like supported decision-making, a power of attorney, or a trust can often do the job, without going to court at all.
California law actually requires a judge to consider whether one of these less restrictive alternatives could work before granting a conservatorship. Here's how each option works and how to figure out which one fits your family.
The key question: does your loved one have capacity to sign a legal document?
Most of these alternatives share one requirement: the person has to have the legal capacity to understand and sign a document, or to participate meaningfully in the decision, at the time it's created. This isn't about diagnosis. It's about capacity, and capacity can look different depending on the situation.
For someone who has capacity now but may decline later, whether due to age, illness, or injury, the goal is to plan ahead before that capacity is lost. For a person with a developmental disability, capacity isn't something that declines over time in the same way. Some adults with developmental disabilities have full capacity to sign these documents, and some don't, and it can vary by the specific decision involved.
Below, the options are grouped by whether your loved one currently has the capacity to sign.
If your loved one has capacity to sign
Durable Power of Attorney
A durable power of attorney lets a person name someone they trust to handle their financial affairs now or if they later become unable to. Because it is set up in advance and stays effective after incapacity, it can avoid the need for a conservatorship of the estate entirely, and it keeps the choice of who helps in the person's own hands.
Best for: managing finances. Requires that the person understand the document at the time they sign it.
Advance Health Care Directive
An advance health care directive lets a person appoint a health care agent to make medical decisions for them if they can't, and record their wishes about treatment. You can often request one from your loved one’s medical provider.
Best for: medical decision-making. Requires that the person understand the document at the time they sign it. Paired with a durable power of attorney, it covers the two biggest areas, health and finances, that a conservatorship would otherwise address.
Trusts (including special needs trusts)
A revocable living trust with a successor trustee can allow someone to manage a person's assets if they become incapacitated, avoiding a conservatorship of the estate. For a person with a disability, a special needs trust can hold and manage assets on their behalf, often while preserving eligibility for means tested benefits like SSI and Medi-Cal, without a conservator of the estate.
Best for: managing assets and property. Trusts are more involved and should be set up by an attorney.
Supported Decision-Making
Supported Decision-Making (SDM) lets an adult with a disability keep their own legal rights while getting help from one or more trusted supporters who assist them in understanding options, making choices, and communicating decisions. California formally recognizes SDM in law, including a process for a written supported decision-making agreement.
Best for: a person who has the capacity to make sound decisions with guidance. It is often a strong fit for young adults with developmental disabilities who don't need someone else making decisions for them, just support in doing so. Learn more in What Is Supported Decision-Making?
If your loved one doesn't have capacity to sign, or capacity is unclear
Representative Payee
If the main issue is simply managing a person's government benefit checks, the Social Security Administration can appoint you as a representative payee to receive and manage those benefits on the person's behalf.
Best for: managing Social Security or SSI/SSDI income specifically. Doesn't require the person to sign anything.
HIPAA Authorization
Sometimes a family's real problem is simply access to medical information. A HIPAA authorization lets a person grant a family member or other trusted person access to their medical records, without any conservatorship at all.
Best for: staying informed about medical care. Note that a HIPAA authorization still generally requires the person's signature, so this fits best when capacity is unclear or decision-specific rather than fully absent.
Release of Information
A Release of Information (ROI) can grant access to records held by other agencies involved in a person's life, such as a school or a regional center.
Best for: staying informed and involved with schools, regional centers, or other service providers.
Supported Decision-Making, revisited
SDM can also work when capacity is borderline or specific to certain kinds of decisions, since the agreement can be tailored to the areas where the person can still meaningfully participate.
Conservatorship
When capacity has been fully and permanently lost, or never existed, and nothing else is in place to cover the needed authority, a conservatorship may be necessary. It provides the structure, court oversight, and legal authority to genuinely protect someone who needs that level of support, and for many families, it's exactly the right tool for their situation.
Let's Find the Right Path for Your Family
I believe families deserve to understand all their options before defaulting to court, which is why I offer free workshops on conservatorship and its alternatives, and why I'll always give you my honest read on which path fits, even if that means you don't need a conservatorship at all. I handle every case personally, serving families throughout the greater Bay Area and beyond.
Explore more on the Resources page.
Get in touch for a consultation →
This article is general information about California law and is not legal advice. Which alternative fits depends on the person's capacity and needs. For guidance on your situation, please consult a qualified attorney.
