San Francisco — Alternatives to Conservatorship

Source: https://sf.courts.ca.gov/system/files/general/2842-alternativestoconservatorship.pdf

Alternatives to Conservatorship

Sometimes there are other ways to help an adult Sometimes the court makes medical decisions besides establishing a conservatorship. But usually, or allows someone else to do so. For example, a the adult must be able to understand and agree. hospital may want to make a change in treatment or living arrangements for an adult who is unable to give If the adult can only understand and communicate consent and has no conservator. The court only does at certain times, use these times to talk about their this if just one or a few decisions are needed. options. If you are not sure if the adult can understand and communicate, talk to a lawyer. Financial decisions for adults who can understand and communicate:Care for adults who can understand and communicate: Daily money management programs Many social services agencies have programs to helpSocial Services Agencies people with simple, financial tasks like paying bills,In San Francisco, there are many agencies that help making bank deposits, and filing taxes. people with special needs because of illness or disability. They assign a case manager (usually a socia l Joint bank accounts worker or a nurse) to see what the adult can and The adult can set up a joint bank account with cannot do. someone they trust. This lets the trusted adult write checks, make deposits and withdrawals.They meet with the adult regularly to see how they are doing. And they check to see if the services the y It is very important to choose a trusted, competent are providing are helping. The case manager can person because the adult will have little control over arrange for meals, housekeeping, transportation to the account. And, if one of the persons dies, the health care appointments, and personal care at other can keep what is left in the account. home. General or Limited Power of Attorney Advance Health Care Directives A general or limited power of attorney allows the You can fill out an Advance Health Care Directive adult to appoint someone to help them for a limited (AHCD) to say: time or for a single action. The adult is called “the What type of health care you want if you principal,” and the helper is called the “attorney-in-fact.” become gravely ill, and For example, an adult with severe arthritis in his Who you want to make decisions for you. hands may give his sister power of attorney for a You can get AHCD forms and information from the specific bank account so she can write the checks for California Coalition for Compassionate Care: the monthly bills. www.finalchoices.calhealth.org Most financial institutions have their own power of California Medical Association: cmadocs.org attorney forms. American Bar Association: If the adult loses the mental ability to make decisions, americanbar.org/groups/law_aging/ the power of attorney is no longer valid. Durable Powers of Attorney for Finances (DPOA)Look for the “Consumer’s Tool Kit for Health A DPOA lets someone help the adult manage theirCare Advance Planning” under the Resources and finances if they become unable to. The adult is calledResearch page. “the principal,” and the helper is called the “attorney-in- fact.”Care for adults who cannot understand or communicate: The Attorney-in-fact can pay bills, hire in-home help, and file taxes for principals. A DPOA is calledCalifornia law allows teams of health care “durable” because the attorney-in-fact will still haveprofessionals in nursing homes to make medical power after the principal can no longer makedecisions for adults in nursing homes who cannot do decisions for himself.so and have no one to help them.

DPOAs are fairly simple and inexpensive. But there Care for Adults with Mental Illness and are risks: attorneys-in-fact are not monitored or Substance Use Disorder:bonded. It is very important to choose a trusted, competent person because they will control your CARE Court finances. You can get a DPOA form online or from a CARE Court serves people with certain stationery store. But, have a lawyer check your untreated severe mental health conditions. The DPOA to make sure it is as “theft-proof” as possible CARE Act allows certain adults (called and right for your situation. "Petitioners") with qualifying relationships to another adult with a severe mental health Financial and property decisions for adults condition to file a Petition to refer that person who cannot understand and communicate: (called a "Respondent" or "Participant") to participate in this new civil court model. ForRepresentative Payeeship more information on CARE Court, visit:Many federal agencies can authorize a person or institution to receive a check on behalf of an adult sf.courts.ca.gov/self-help/self-help-care who has a disability. How do I find a lawyer? This means a relative, friend, volunteer, social Choose a lawyer who specializes in probate service agency, or nursing home can receive the law or elder law. monthly check and use it to pay for the adult’s For help finding a lawyer, contact:needs. The Bar Association of San Francisco’s Lawyer Some of the agencies that allow this are: Referral Service. If you have limited income, they Social Security Administration can refer you to their Volunteer Legal Services Program. Department of Veterans Affairs Call: 415-989-1616 Department of Defense Railroad The National Academy of Elder Law Attorneys Retirement Board, and Office of (NAELA). They give advice about how to find and Personnel Management choose attorneys with experience in legal matters affecting older people. But first you must explain why the person cannot handle their finances, and a doctor must provide a Visit their website: naela.org statement explaining the disability. Other Resources Download the Handbook for Conservators for freeThis may be a good choice for adults whose only (it’s over 300 pages) from:income is from a public agency. courts.ca.gov/sites/default/files/courts/default/2024-12/ Living Trusts handbook.pdf A living trust lets an adult put assets and property, AARP has information about living trusts andlike bank accounts, real estate and life insurance, other planning documents: aarp.orgunder the control of a trustee. Most people set themselves up as the trustee and they also name a trusted person to be the successor trustee. When they die or become unable to manage the trust, the successor trustee takes over. Living trusts are a good choice for people who have San Francisco Superior Court a lot of assets and can understand how their assets should be managed. A trust is a complicated 400 McAllister Street document. You will need an attorney to set up the Room 509 trust so it does what you want it to do. San Francisco, CA 94102

www.sf.courts.ca.gov/self-help

Produced by the San Francisco Superior Court and ACCESS funded by the Administrative Offices of the Court Alternatives to Conservatorship Updated: ACC.05.2026

ACC.AlternativestoConservatorship.5.2026