When capacity has failed and the court has to be involved.
Conservatorship is the legal tool that exists for the situation where an adult can no longer make their own decisions, the lighter tools (a power of attorney, a trust) are unavailable or insufficient, and a court has to step in. The role is supervised by the probate court the entire time it is in place. We serve as the appointed conservator — of the person, of the estate, or both.
When you'd come to us for this.
- A parent's dementia has reached the point where the family-member agent under a power of attorney is no longer enough — the bank is refusing the document, the medical decisions are getting made too late, and the family needs the court's authority behind the next set of choices.
- A relative with a developmental disability is turning eighteen, and the family is being told a limited conservatorship under Probate Code §1827.5 is the right next step. The parents named in the petition may want a professional to share the role, or they may want a neutral professional to take it.
- A loved one is being held under an LPS hold for grave disability, the public guardian is involved, and the family wants a private conservator in the LPS arrangement rather than a county appointee.
- An estate-and-person conservatorship is already in place and the current conservator has died, resigned, or is being removed. A successor is needed.
What happens next.
1. The screening conversation. Before we agree to take the case, we want to understand the situation. Is conservatorship the right tool, or is a less restrictive arrangement available? California law requires the court to find that less restrictive alternatives have been considered. We will say so plainly if a power of attorney, a successor trustee, or a Supported Decision-Making arrangement under AB 1663 would do the same work without the court process.
2. The petition. If conservatorship is the right fit, we coordinate with a probate attorney to file the petition. The attorney's role is the legal work; ours is the fiduciary role being proposed. The court appoints a court investigator who interviews the proposed conservatee, the family, and us.
3. The appointment. If the petition is granted, we receive letters of conservatorship — the document that authorizes us to act. From that day, we are bound by the powers and limits the court ordered, and by the fiduciary duties of Probate Code §2100 et seq.
4. The ongoing role. Conservator of the person means decisions about residence, medical care, and daily life within the court-ordered limits. Conservator of the estate means managing the money — bank accounts, real property, Social Security, pensions, investments — under the prudent investor rule. Both come with court reporting requirements: an inventory and appraisal within ninety days, an accounting at one year and every two years thereafter, and any special filings the court requests in between.
5. The end. The conservatorship ends when the conservatee dies, when capacity is restored, when the court terminates it on petition, or when a successor is appointed. There is a final accounting either way.
What this costs.
Conservatorship has two cost components: the setup and the ongoing. Setup includes the petition, the investigation, and the appointment — most of which is the attorney's time, in the range of three to ten thousand dollars for an uncontested case. Ongoing administration is the conservator's hourly fee plus the attorney's fee for the annual accounting filing.
For a typical estate-and-person conservatorship in San Diego County, first-year total costs of fifteen to forty thousand dollars are not unusual. Ongoing annual costs depend on the case — a stable, quiet situation with a competent care team will bill far fewer hours than one with active medical crises, contested family dynamics, or complex property. Conservator fees are paid from the conservatee's estate and are subject to court approval at each accounting.
We disclose our hourly rate in the engagement letter before any work begins, consistent with AB 1194 §6563 fee-disclosure requirements.
Common questions.
Is conservatorship the only option?
No, and California law requires the court to consider that. A financial power of attorney, an advance health care directive, a successor trustee under a living trust, or a Supported Decision-Making arrangement under AB 1663 all do some of the work a conservatorship does — without the court process. Our first job in the screening conversation is to figure out whether one of the lighter tools fits your situation. We will say so if it does.
How long does the appointment take?
From filing the petition to the hearing is usually four to six weeks in San Diego County for an uncontested case. Temporary conservatorship for an urgent matter can be obtained more quickly. Contested cases — where a family member objects, or the proposed conservatee objects — take longer and cost more.
Can a family member be the conservator instead?
Often yes, and that is frequently the right answer. A professional conservator becomes necessary when no family member is available, when the family is in conflict and a neutral is needed, or when the work is beyond what a family member with their own job and life can realistically take on. The screening conversation is where we figure out which one applies.
Still sorting out whether conservatorship is even the right word for your situation? Our guide to the difference between conservatorship and guardianship in California walks through who each one is for, the lighter alternatives a court must consider first, and who can serve.
Wondering whether a power of attorney could have avoided court altogether? Our guide to power of attorney versus conservatorship in California explains why timing and capacity decide which path a family is on.
Consultations are by appointment and held in strict confidence.
Or call 760-33-TRUST (760-338-7878) directly.
Discretion and confidentiality are fundamental to our practice. Information submitted through this form is kept private and used solely for purposes of communication regarding potential fiduciary services.
