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. Our health care and dementia background is especially relevant when a conservatee has dementia.
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.
- An elder is showing signs of financial exploitation — a new "friend" who appears around mail day, a contractor who has been paid three times for the same repair, transfers to people the family does not recognize. Adult Protective Services has been called, or should be, and the family needs a professional who knows the reporting framework.
- A family wants the most-protective-but-least-restrictive arrangement rather than conservatorship if it can be avoided. We screen for Supported Decision-Making arrangements under AB 1663, well-drafted durable powers of attorney, and care agreements that work in practice.
- An adult with a developmental or psychiatric disability is aging into the period where a parent who has been their primary support is no longer able to be. The handoff has to happen deliberately. Our role can be the bridge.
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.
When an elder is being exploited.
Where financial exploitation is in progress, the work shifts. Bank fraud-protection services. Address-of-record updates. Coordination with Adult Protective Services. Coordination with local law enforcement's financial-abuse unit. Civil remedies under Welfare & Institutions Code §15657.5 are considered when the loss is substantial.
A note on mandated reporting.
Under California Welfare & Institutions Code §15630, professional fiduciaries are mandated reporters of suspected abuse, neglect, or financial exploitation of elders and dependent adults. We will explain this in the first conversation, before sensitive details are shared. It is not a deterrent — it is a protection — and it shapes how the early conversations go.
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.
What is Supported Decision-Making?
AB 1663 created a California framework — Supported Decision-Making — for adults who have some capacity but benefit from structured support from trusted helpers. It is an alternative to conservatorship, codified in 2022, that preserves the adult's legal autonomy while formalizing the help they get. Not every situation fits the SDM framework, but for adults with mild-to-moderate developmental disabilities or early-stage cognitive change, it is often a better answer than conservatorship.
Will Adult Protective Services help?
APS investigates reports of elder and dependent-adult abuse, including financial exploitation. They have limited enforcement power — they do not freeze accounts or arrest anyone — but they can document, coordinate with law enforcement, and connect the family with services. In San Diego County, reports go to APS at (800) 339-4661. We coordinate with them when the situation warrants.
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.
Starting from the very beginning? Our guide to what conservatorship is in California covers the probate and LPS tracks, what a court must find before granting one, and what a conservator actually does day to day.
Hearing guardianship suggested by family out of state? Our guide to power of attorney versus guardianship in California untangles the terminology — here, guardianship is for minors — and points you to the comparison that actually applies to adults.
How working with FCMS begins.
- Initial consultation and assessment of the proposed role.
- Review of authority, documents, and engagement requirements.
- Formal acceptance and commencement of responsibilities.
- Ongoing administration, communication, documentation, and reporting as required by the appointment.
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.
