Families sometimes assume that once a conservator of the person is appointed, the conservator automatically has complete authority over every medical decision. California law is more specific. California conservatorship medical decisions depend on the type of conservatorship, the powers granted by the court, the conservatee's capacity, and whether special authority is required for a particular treatment or placement.

A conservatorship of the person generally concerns the conservatee's care, health, safety, and personal needs, while a conservatorship of the estate concerns financial management. California Courts explains that conservatorships are intended to provide only the level of assistance that is necessary, and a court may limit the powers granted. In a limited conservatorship, medical consent is one of the specific powers the judge may grant or leave with the conservatee.

General probate conservatorships can also involve separate questions about health care decision-making. A conservator may be responsible for arranging appropriate medical care, but the existence of a conservatorship does not mean every conservatee has lost the legal ability to make informed health care decisions. In some cases, the court must make additional findings before the conservator receives exclusive authority to make specified health care decisions.

California also treats certain medical interventions and placements differently. Court forms and capacity declarations may be required when a conservator seeks particular medical powers, including authority associated with major neurocognitive disorders. A conservator should therefore review the actual order appointing the conservator, the Letters of Conservatorship, any capacity findings, and later court orders rather than relying on a general understanding of the role. The fact that a conservator can arrange medical appointments or communicate with providers does not necessarily answer whether the conservator can override the conservatee's decision about a particular treatment.

The practical issue often arises at a hospital, physician's office, assisted living community, or other care setting when a provider asks who has authority to consent. Keeping certified Letters and relevant court orders readily available can reduce confusion. Providers may also ask for an advance health care directive or other documents that existed before the conservatorship, so those records should not be ignored merely because a court case was later opened. A conservator should also continue to consider the conservatee's known wishes, values, preferences, and retained rights when making decisions within the authority the court has granted.

For families in Ventura County, disagreements over treatment can become especially difficult when relatives, health care agents, and conservators believe they have competing authority. Emergency decisions can also arise before anyone has time to obtain clarification from the probate court. Reviewing advance health care directives, conservatorship orders, capacity findings, and the scope of the conservator's powers can help identify who may legally make the decision. When the documents do not clearly answer the question, obtaining legal guidance before a nonemergency decision may prevent an unauthorized exercise of authority. This is general information, not legal advice.

Key takeaways

• Appointment as conservator does not necessarily eliminate all of the conservatee's medical decision-making rights.
• The court order and Letters of Conservatorship should be reviewed to determine the powers actually granted.
• Certain treatments or placements can require additional findings or special court authority.

Helpful educational links

• https://selfhelp.courts.ca.gov/conservatorships
• https://selfhelp.courts.ca.gov/introduction-being-conservator
• https://selfhelp.courts.ca.gov/responsibilities-and-duties-limited-conservator

If you have questions about California conservatorship medical decisions or the scope of an existing conservatorship order, Westlake Law Group can help review the court-appointed authority and related estate planning documents. Call Westlake Law Group at (818) 444-2022. 30699 Russell Ranch Road, North Building, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.