Conservatorship help for Orange County families
When an adult can no longer manage their own care or finances, and there is no power of attorney in place, we explain your options and guide you through the court process.
Help after a death or an incapacity
- Free consultation
- Attorney fees in conservatorships are set by the court
The short answer
A conservatorship is a court case in which a judge appoints a person, called the conservator, to manage the care or the finances of an adult who cannot manage them. In Orange County, conservatorship cases are heard in the probate court at the Costa Mesa Justice Complex. Because a conservatorship involves the court and ongoing oversight, we first check whether a less restrictive option, such as a power of attorney, can work instead.
When is a conservatorship needed?
Common situations include a parent with dementia who never signed a power of attorney, an adult with a serious brain injury, or a child with significant disabilities who is turning 18. When private documents do not exist, or a bank or care provider will not accept them, court authority may be needed.
Conservatorship of the person or of the estate?
A conservator of the person handles personal matters such as care, housing and medical decisions. A conservator of the estate handles money and property. A court can appoint one or both. California also has a "limited conservatorship" for adults with developmental disabilities.
Can a conservatorship be avoided?
Sometimes. A durable power of attorney, an advance health care directive and a living trust with a successor trustee let someone you choose step in without a court case, as long as they are signed while the person can still make their own decisions. Our estate planning work is built to make a conservatorship less likely to be needed.
How does the Orange County process work?
- We prepare the petition and the medical paperwork the court requires.
- A court investigator meets with the person and reports to the court.
- We attend the hearing with you at the Costa Mesa Justice Complex (opens in a new tab).
- If the court appoints you, it issues "letters" that show your authority.
- After appointment, we help with any bond the court requires and with the reports and accountings the court expects. The court also offers an orientation for new conservators.
How are attorney fees set in a conservatorship?
In a conservatorship, the court decides the attorney's fees. The conservator asks the court to fix and allow them, generally not before 90 days after letters are issued, and the fees the court allows are paid from the conservatorship estate (Probate Code section 2640 (opens in a new tab)). We explain the expected costs, such as filing fees and any bond, at your consultation. There is no online payment button for conservatorship fees on this website.
FAQ
How long does a conservatorship take?
It depends on the court's calendar and how quickly the medical paperwork is ready. In urgent situations, the court can appoint a temporary conservator while the case moves forward.
Who can serve as conservator?
A spouse, an adult child, another relative, a friend or a professional fiduciary can ask to serve. The court decides who is appointed.
Does a conservator report to the court?
Yes. The court oversees a conservatorship and expects regular reports, and a conservator of the estate files accountings. We help you stay on schedule.
How does this relate to a special needs trust?
A special needs trust manages money for a person with a disability. A conservatorship gives authority over personal or financial decisions. Some families need both.
Help after a death or an incapacity
- The work a successor trustee does after the person who made the trust dies: notices, assets, debts, taxes, records and distributions.Trust Administration
- The court process for settling an estate that was not held in a trust.Probate
Talk through your options first
Call (714) 543-6829 or request a free consultation. We will tell you whether a conservatorship is needed, or whether a simpler option can work.