
Adults who struggle to meet their own needs may require assistance with personal care or financial decisions. A South Bay conservatorship lawyer can inform families about court proceedings that allow another party to make these decisions. Conservatorships under California law impact important personal and financial rights. Courts take these matters seriously and usually consider less restrictive options first.
A South Bay estate planning lawyer can also work with families in advance to complete documents that might avoid the need for a conservatorship later.
Meinzer Law Firm, PC assists California families with estate planning, estate administration, and elder law. For twenty years, we have guided clients through wills, trusts, probate, Medi-Cal planning, and conservatorships. Our office is located in Torrance, California.
Attorney Andrew M. Meinzer is an accomplished professional who served in the United States Navy and worked at the White House Communications Agency. We take pride in our personal attention and clear guidance for families facing aging, incapacity, and estate planning issues.
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A conservatorship allows a judge to appoint another person to make certain decisions on behalf of an adult who needs assistance. The individual who is granted decision-making authority is known as the conservator, and the person who is receiving assistance is called the conservatee. In fiscal year 2025, there were 24,923 conservatorship & guardianship cases filed in California. Out of these, 6,253 were filed in Los Angeles County, resulting in 6,151 depositions.
California allows for conservatorships of the person and conservatorships of the estate. A conservatorship of the person deals with issues related to the conservatee’s well-being and care. Conservatorship of the estate involves managing someone’s finances and assets. In some cases, an individual may need both.
Conservatorship laws in California do not allow a judge to appoint a conservator because an individual would benefit from assistance. A conservator is appointed only when less intrusive options can’t address an individual’s needs. Additionally, the conservatorship must serve the interests of the conservatee by providing for their well-being and allowing the maximum amount of independence possible.
A conservatorship case may be initiated if someone is no longer capable of properly meeting their own needs or handling finances. This could occur due to dementia or another form of cognitive decline, but it may also happen if an adult becomes seriously ill or disabled. A conservatorship might also be necessary if an adult is particularly susceptible to fraud or undue influence.
According to California Courts, there are five major steps to initiating a limited conservatorship. These include:
Keep in mind that the hearing date is not the same date you file your petition. Per California Probate Code § 1820, the proposed conservatee, spouse or domestic partner, relative, some public entities or officers, and another interested person or friend may file a petition for appointment.
The person filing the petition must provide proof that the conservatorship is needed. The proposed conservatee can participate in the proceedings as well and may choose to support or deny the petition. If you have a probate case, it may be heard at the Stanley Mosk Courthouse located at 111 North Hill Street, Los Angeles, CA 90012.
One is not granted complete freedom to manage another’s life simply by being named a conservator. A conservator has the authority granted to them by law and the court’s orders. When accepting appointment, a conservator also agrees to fulfill the responsibilities that come with the authority.
If someone is appointed as a conservator of the estate, their duties include asset protection. The conservator must maintain financial records and account for themself when managing the conservatee’s property. Responsibilities of a conservator of the person focus on care and other needs.
An experienced South Bay conservatorship attorney can determine if your situation meets the state’s criteria for a conservatorship. When you hire a conservatorship lawyer, they can identify any less restrictive alternatives and advise you on what type of conservatorship would apply to your situation. An attorney can also respond to any challenges and present evidence to the court about your family member’s needs in South Bay.
How long a conservatorship lasts in California depends on the reason for the conservatorship and if the conservatee still requires assistance. For example, a general conservatorship lasts until the conservatee passes away or the court no longer finds the need for a conservatorship. If your circumstances change and you can manage your personal or financial affairs, a judge can end the conservatorship.
Yes, a conservatorship can be contested in California. The proposed conservatee can object to the conservatorship being created, and interested individuals can challenge elements of the petition. Some common disputes include whether a conservatorship is needed at all. Who should be appointed conservator and what level of authority the conservator should be granted are other decisions that can be contested.
Yes, a family member can serve as conservator. If you are related to the proposed conservatee, you can apply to be their conservator. However, just because you’re family doesn’t mean the judge is going to automatically appoint you. The judge wants to do what is in the greatest interest of the proposed conservatee and whether you have the ability to handle the responsibilities of a conservator.
The conservator of the estate has authority over real property; however, that doesn’t automatically allow the conservator to sell the conservatee’s home. California law and the specific court order appointing the conservator dictate the requirements for selling the home. You may be required to get court approval, provide notice to interested parties, and show proof that selling the home would be in the conservatee’s greatest interest.
At Meinzer Law Firm, PC, we understand conservatorships and can help you in your case. Contact us today for more information and to get started on your case.