A person who is subject to a conservatorship may still have the capacity to set up their own estate plan. The appointment of a conservatorship is a consideration in determining whether the conservatee has testamentary capacity. However, a conservatee may still have capacity. In the alternative, if the conservatee does not have capacity the court may authorize the conservator to set up an estate plan or will. However, this requires giving notice to all interested partes. Additionally, there is no authority for a conservator of the person to set up an estate plan or will for the conservatee. California Probate Code sections 2580(b)(13), 2400.
The conservatee may later revoke or amend a will drafted by their conservator if they later make a showing of testamentary capacity. If you are currently involved in a conservatorship proceeding or are considering setting one up in the future you should consult with an experienced Los Angeles estate litigation attorney.
