May 6, 2025 | Conservatorships
The highly publicized battle over Britney Spears’ conservatorship didn’t just capture international attention—it changed California law. For over 13 years, Spears lived under a legal arrangement that controlled nearly every aspect of her life. Her story exposed serious flaws in the state’s conservatorship system, sparking protests, social media campaigns, and ultimately, legislative reform.
Here are three major legal changes California made in response to the #FreeBritney movement:
1. Stronger Oversight of Conservatorships (AB 1194)
Signed into law in 2021, Assembly Bill 1194 dramatically reshaped how conservatorships are supervised. Before, many conservators operated with little scrutiny from the courts. AB 1194 changed that by:
- Requiring more frequent court reviews of conservatorship arrangements
- Mandating comprehensive reporting from conservators on a conservatee’s finances and well-being
- Imposing stricter penalties on conservators who abuse or neglect their responsibilities
These changes are designed to hold conservators accountable and ensure conservatees are treated with dignity and fairness.
2. The Right to Choose Your Own Attorney
One of the most shocking aspects of Britney’s conservatorship was that she wasn’t allowed to select her own lawyer for years. That’s no longer the case.
Under the new law, individuals under conservatorship now have a clear right to select their own legal counsel, unless they are found legally incapable of doing so by a judge. This empowers conservatees and provides them a greater voice in the legal process.
3. Mandatory Consideration of Less Restrictive Alternatives
California courts are now required to seriously consider less restrictive options before approving a conservatorship. This means judges must look at alternatives like:
- Supported decision-making arrangements
- Limited conservatorships with fewer powers granted to the conservator
- Temporary or voluntary solutions that respect the individual’s autonomy
This shift promotes independence and personal freedom, recognizing that full conservatorship should be a last resort—not a default.
Why It Matters
These legal reforms mean California is no longer using a one-size-fits-all approach to conservatorships. Britney’s story was a wake-up call. Today, conservatees have more rights, more protections, and more say in their future.
Contact Duisters Giarratano, APC if you have questions about a loved-one who needs conservatorship.
May 5, 2025 | Conservatorships
A limited conservatorship in California is a legal tool designed to help adults with developmental disabilities who need support with certain aspects of daily life. Unlike a general conservatorship, a limited conservatorship only grants specific powers to the conservator—usually a parent or guardian—based on the individual’s unique needs.
Limited conservatorships are often appropriate when a person with a condition such as autism, Down syndrome, or cerebral palsy turns 18 and requires help making decisions about:
- Medical treatment
- Education and vocational training
- Living arrangements
- Finances (in some cases)
California courts aim to strike a balance: granting enough authority to protect the individual while preserving as much independence as possible.
If your child or loved one is approaching adulthood and needs legal support, it’s important to start the process early. Contact Duisters Giarratano, APC for more information.
May 2, 2025 | Conservatorships
Author: Duisters Giarratano, APC | San Diego Conservatorship Attorneys
California's conservatorship laws have undergone significant reforms in 2025, aimed at enhancing protections for individuals under conservatorship and increasing accountability for conservators. These changes stem from growing public concern over abuses in high-profile cases and a broader push for civil rights protections. Here's a breakdown of what’s new and what it means for conservatees, families, and legal professionals.
1. Stronger Oversight and Reporting Requirements
Starting January 1, 2025, all court-appointed conservators are subject to more rigorous reporting obligations. Courts will now require:
- Annual in-person wellness checks by court investigators (not in all cases).
- More detailed financial accounting reports, including receipts and bank statements.
- Regular updates on the conservatee's mental and physical condition.
These new standards are designed to detect abuse or neglect early and provide courts with better tools for ongoing oversight.
2. Enhanced Conservatee Rights
The reforms significantly expand the rights of conservatees. Key changes include:
- A guaranteed right to legal counsel at all stages of the conservatorship process.
- A clear process for requesting changes or termination of conservatorship.
- Easier access to communicate with friends, family, and legal advocates.
- Courts are now also instructed to consider less restrictive alternatives before approving a full conservatorship.
3. Tighter Criteria for Establishing Conservatorships
Petitioners now face stricter requirements to demonstrate the necessity of a conservatorship:
- Required documentation showing attempts at less restrictive interventions.
4. Increased Penalties for Abuse or Mismanagement
To deter misconduct, California has increased civil and criminal penalties for conservators who:
- Exploit or neglect conservatees.
- Mismanage finances or misrepresent reports to the court.
- Block conservatees from lawful communication or visitation.
What This Means for You
If you are involved in a conservatorship as a conservator, conservatee, or concerned family member, it is essential to understand these new requirements.
Sep 19, 2022 | Conservatorships
A “conserved person” is a person under Conservatorship. A Conservatorship is established to protect people who cannot properly provide for their own personal needs for physical health, medical care, food, clothing, or shelter. The “conservatee” is the protected person. The “conservator” is the person appointed to manage the conservatee’s affairs.
Once established, the court must be informed or give consent to many life choices made on behalf of the conservatee. One major life choice is the choice of residence. If moving within the state of California, the conservator must give notice of the intent to move to the conservatee and any family of the conservatee under California Rules of Court, rule 7.1063 and 7.1013. After the move, the conservator must inform the court by filing form GC-080 (Post-Move Notice of Change of Residence)
Leaving California. If the conservator wishes to move conservatee outside of California, they must first obtain permission from the court. Not doing so could result in admonishing or suspension of the conservator by the judge. To obtain permission, conservator must file GC-085 (Petition to Fix Residence Outside The State of California) under Probate Code 2352 and notify conservatee’s family at least 15 days prior to the scheduled court hearing date. In many cases, if leaving California for longer than 4-months, a conservatorship must be established in the new state of residence.
Nov 25, 2020 | Conservatorships
Tom was 40 years old. He was divorced and had three children. Tom was healthy and fit and no reason to suspect a medical emergency at such a young age. Unfortunately, Tom had an accident at work and slipped into a coma.
Because Tom did not have an Advanced Health Care Directive laying out his wishes should this very situation occur, his three children fought for months over whether or not to remove his feeding tube. Ultimately, one of his children petitioned the probate court for a Conservatorship, which resulted in the other two children contesting the petition. It resulted in one year of litigation, ending with a professional fiduciary (a neutral third party, unrelated to the family) being appointed conservator.
Not only did this ordeal cause a great amount of stress between the children, Tom’s bank accounts were affectively drained in the litigation process. Had Tom had an estate plan in place, litigation over his affairs would have been unlikely.
Nov 23, 2020 | Conservatorships
In part 1, the court investigator came-a-knocking to investigate new conservatorship petitions filed with the court. What most people don’t realize, is the court investigator will visit again, and again, and again.
A conservatorship of the person lasts for the life of the conserved person (“conservatee”), or until the court terminates it (which is done by request of the conservatee or an interested party, if the proper circumstances are warranted). In Limited Conservatorships of the person, the death of either the conservatee or conservator(s) will end the conservatorship automatically (for more on the difference between General and Limited Conservatorships read here). During the life of the case, the court investigator will conduct a review investigation after the first year, then biennially thereafter. What does that mean?
Once a conservatorship is in place, the court must ensure it remains necessary and the least restrictive alternative for the conservatee. The court must also be made aware of any objections the conservatee might have and must ensure the conservators are acting in the best interests of the conservatee. The court investigator is charged with determining this information and reporting his/her findings to the court throughout the life of the case.
Probate code section 1851 states the investigator is to visit the conservatee without prior notice to the conservator(s). That means, the investigator will show up unannounced to your home, the conservatee’s day program, school or place of business. The investigator must interview the conservator(s) and first degree relatives to uncover any concerns and/or harmful situations affecting the conservatee.
If you are a conservator, it behooves you to cooperate with the investigator. Remember he or she is there for the conservatee’s benefit and protection, not to make your life miserable. If all is well, the investigator will bid you a good day and you won’t hear from him/her for another two years. As conservator, you will receive a copy of the investigative report in the mail. Most conservators express gratitude for the investigator’s services in ensuring their loved-one is watched over and protected.
