A Conservatorship proceeding, and its relative the Guardianship proceeding, take place in the Probate Court, following the Probate Code.

These proceedings are required for the Court to appoint a conservator (a guardian for a minor) for an adult who is incompetent and no longer able to make decisions for themselves, in terms of their own personal care, or their personal finances.

Conservatorship proceedings can be avoided in their entirety when an individual completes Durable Power of Attorney forms and an Advance Health Care Directive prior to losing their competency.

These simple forms set forth the directions for care, management of money and property, the powers to make health care decisions (including DNR's, Do Not Resuscitate orders), and designate the Agent the person trusts and has confidence in. These Agents step in to make decisions for the person, without Court intervention or supervision. This allows for a speedy transaction, minimizing any loss to the person, and further saves thousands of dollars in court and legal fees.

The Durable Power of Attorney and the Advance Health Care Directive are documents which are normally included in a complete Estate Plan. No adult should be without these important documents.