Santa Clarita Conservatorship Attorney

When a loved one can no longer safely care for themselves or handle their own money, your family faces a hard choice. You want to protect them and make sure no one takes advantage of them while still respecting who they are. A conservatorship gives a court-appointed person the legal power to step in and make those decisions on their behalf. At the Law Offices of Andrew Cohen, we help families in Santa Clarita and across California get through this process. If you need a conservatorship lawyer, we will walk you through it from start to finish.

What Is a Conservatorship in California?

A conservatorship is a court order that gives one person (the conservator) the power to make decisions for another person (the conservatee) who cannot make those decisions on their own. It works differently than a power of attorney, which is something you set up while you still have the mental ability to sign legal papers. A conservatorship comes into play after someone has already lost that ability, and the court steps in because the person can no longer speak for themselves. California’s Probate Code governs most conservatorships. Cases go through the probate division of the Superior Court, and the court keeps watch over every active conservatorship to make sure the conservatee’s rights stay protected.

Types of Conservatorships in California

California law spells out several types of conservatorships. The right one depends on who needs help and what kind of help they need.

A general conservatorship is the most common type and the kind our office handles most often. It is usually set up for older adults who can no longer manage their day-to-day needs or their finances due to age, illness, or a serious injury. The conservator may get authority over the person, their money, or both depending on what the situation calls for.

A limited conservatorship is built for adults with developmental disabilities. The goal is to give the conservator only the authority that is truly needed, and nothing more. For example, the conservatee might be able to decide where to live on their own but need help managing a bank account. The court shapes the arrangement to fit the individual rather than handing over blanket control over every part of their life. This keeps the conservatee’s independence intact as much as possible, which is something California courts take very seriously.

A temporary conservatorship is used when someone needs protection right away and cannot wait for the full process to play out. If a loved one is in danger now, the court can appoint a temporary conservator within days. This order stays in effect until the court holds a full hearing on the general conservatorship petition. Think of it as a short-term bridge that keeps someone safe while the main case moves forward.

There is also the LPS conservatorship, which stands for Lanterman-Petris-Short. This type is for people with serious mental illness who need involuntary psychiatric treatment. Family members cannot file for it on their own because it has to be started by medical staff at the facility where the person is receiving care. LPS conservatorships fall under the Welfare and Institutions Code rather than the Probate Code, so the rules and procedures are different from what we cover on this page.

Conservatorship of the Person vs. the Estate

When you file, the court can grant authority over the person, the estate, or both. Many families end up asking for both at the same time because their loved one needs help on all fronts.

A conservatorship of the person covers personal care. The conservator decides where the conservatee lives, what medical treatment they get, how their daily needs are met, and what kind of living arrangement is safe for them. If your mother has dementia and can no longer safely live alone, this is the authority you would need to move her into an assisted living facility.

A conservatorship of the estate covers the money side. The conservator takes charge of bank accounts, pays bills, handles investments, files tax returns for the conservatee, and makes financial decisions in their best interest. If your father is writing large checks to strangers who call him on the phone, this is the protection that puts a stop to it. The court requires the estate conservator to file detailed accountings that show where every dollar goes, which keeps the whole arrangement transparent.

When Is a Conservatorship Needed?

A conservatorship becomes the right move when an adult cannot care for themselves or their finances and no other legal plan is already in place. If your loved one set up a living trust or power of attorney while they were still able to think clearly, those documents might handle things just fine. However, if they never got around to planning ahead, a conservatorship may be the only path left. We see this play out in many different ways in our practice, but certain situations come up again and again.

Here are the cases that bring families to our office most often:

• A parent develops Alzheimer’s and starts making dangerous choices like leaving the stove on or sending money to phone scammers
• An adult child suffers a brain injury in a car accident and cannot manage their own recovery or finances
• A family member is being taken advantage of financially by a caregiver or another relative
• An adult with a developmental disability ages out of the school system and needs structured support with certain life decisions going forward

If you are not sure whether a conservatorship is the right path for your family, we can talk through your options during a free consultation. Sometimes a less involved legal tool can get the job done, and we will be straight with you about which route makes the most sense.

How to File for a Conservatorship in California

Filing involves paperwork, court fees, an investigation by a court-appointed officer, and at least one hearing in front of a judge. The process usually takes six to eight weeks from the day you file to the first hearing, though a temporary conservatorship can be set up in just a few days if there is an urgent safety concern.

The first step is filing a Petition for Appointment of Probate Conservator (Form GC-310) with the probate clerk at the Superior Court in the county where the proposed conservatee lives. Along with the petition, you need a doctor or licensed psychologist to fill out a Capacity Declaration (Form GC-335) confirming that the person lacks the ability to manage their own affairs. These two documents form the backbone of your case, so getting them right matters a lot. The court charges a filing fee starting at around $435, though fee waivers are available for people who qualify based on income.

After you file, California law requires you to notify the proposed conservatee and their close relatives about the petition. You cannot skip this step no matter what. The whole point is to make sure anyone with a stake in the outcome knows what is happening and has a real chance to raise concerns before the judge makes a decision. The court also assigns an investigator to visit the proposed conservatee, sit down with you as the proposed conservator, and gather facts from anyone else who might have useful information. That investigator writes a report for the judge with their findings and their take on whether the conservatorship should go forward. This report carries serious weight at the hearing, so being cooperative and honest throughout the process is important.

At the hearing itself, the judge reviews your petition, the doctor’s capacity declaration, the investigator’s report, and any objections that have been raised. If the judge decides that a conservatorship is the right call and that you are a good fit for the role, they sign the order and you become the legally appointed conservator. Getting appointed is not the finish line, though. Conservators must file regular reports with the court, manage the conservatee’s affairs with care, and go through periodic court reviews for as long as the conservatorship lasts. If you are managing money, the court will expect detailed accountings that track what comes in and what goes out, and an attorney can help you stay on top of these requirements so you do not run into trouble.

Who Can Serve as a Conservator?

California law opens the door to a wide range of people who can petition to serve. Spouses and domestic partners are the most common choice, followed by adult children and other relatives. Close friends who have a real relationship with the proposed conservatee can also step forward. When no family member or friend is available or suitable, the court can bring in a licensed private professional fiduciary or the county public guardian to fill the role. The proposed conservatee has the right to name who they want as their conservator, and the court gives that preference real weight, but the judge always makes the final decision based on who will best serve the conservatee’s interests. Having a criminal record, a history of money problems, or a conflict of interest can all knock someone out of the running.

Conservatorship vs. Power of Attorney

This is the question we hear more than any other: “Do I need a conservatorship, or can I just get a power of attorney?” The answer comes down to one thing: timing.

A power of attorney is a document that one person signs on their own, giving another person the right to act on their behalf. The person signing must be mentally sharp enough to understand what they are agreeing to. If your loved one can still have a clear conversation about their wishes, a power of attorney is almost always the better path because it costs far less than a conservatorship, stays private rather than going through the public court system, does not require a judge’s approval or ongoing court supervision, and lets your loved one pick their own representative instead of leaving that choice up to the court.

A conservatorship is what happens when that window has already closed. If your loved one no longer has the mental ability to understand and sign legal papers, going through the court is the only option left. This is why we push so hard for proactive estate planning. Setting up a durable power of attorney and a healthcare directive while you are healthy can spare your family thousands of dollars and months of stress down the road.

How to End a Conservatorship

A conservatorship does not have to last forever. If the conservatee gets better and regains the ability to handle their own affairs, they or their attorney can file a Petition to Terminate with the court. Any interested person can also file this petition if they believe the conservatorship has run its course. The court holds a hearing, looks at the evidence, and decides whether to lift the arrangement. A conservatorship also ends automatically when the conservatee passes away, at which point the conservator files a final accounting and closes out the case.

How Much Does a Conservatorship Cost?

The total cost depends on how complex the case is and whether anyone contests it. Here is what you should plan for:

• Court filing fees: Starting at around $435
• Attorney fees: Usually between $3,000 and $10,000, though contested cases can run higher
• Court investigator fees: Set by the court based on the conservatee’s ability to pay
• Bond premiums: Required when the conservator manages estate assets to guard against mismanagement
• Ongoing costs: Annual accountings and periodic court reviews add recurring expenses over the life of the conservatorship

Most of these costs come out of the conservatee’s own estate. If the conservatee has very limited resources, fee waivers may cover the court filing and investigator costs. We lay out all the expected fees during our first meeting so you know exactly what you are getting into before you commit to moving forward.

Common Questions About Conservatorships

How long does it take to get a conservatorship in California?
Plan on six to eight weeks from filing to the first hearing for a standard case. Temporary conservatorships for urgent situations can be put in place within days. If family members disagree about the conservatorship and the case becomes contested, the timeline can stretch to several months or even longer depending on the issues involved.

Can the proposed conservatee fight the conservatorship?
Yes, and they have that right built into the law. The proposed conservatee can hire an attorney, show up at the hearing, present evidence, and argue against the petition. If they cannot afford a lawyer, the court appoints one at no cost to them. California courts do not strip someone of their rights without giving them a real chance to be heard, and judges take this responsibility seriously.

What is the difference between a conservatorship and a guardianship?
In California, a guardianship is for children under 18 while a conservatorship is for adults. The legal processes share some similarities but are governed by different parts of the Probate Code. Our office handles both types of cases.

Can a conservator be removed?
Yes. Anyone with an interest in the conservatee’s welfare, including the conservatee themselves, can ask the court to remove a conservator who is falling short or acting against the conservatee’s best interests. If the court agrees after reviewing the evidence, it removes the conservator and appoints someone new to take over.

Why Families Choose the Law Offices of Andrew Cohen

A conservatorship touches someone’s most basic rights: the right to make their own decisions about their body, their home, and their money. That is not something to handle with a stack of court forms and a how-to article you found online. At the Law Offices of Andrew Cohen, we bring deep experience in California conservatorship and estate planning law to every case we take on. We start by figuring out whether a conservatorship is truly the best option for your family or whether something less drastic would do the job. From there, we handle the court filings, represent you at hearings, and guide you through the ongoing duties that come with being a conservator for as long as the arrangement lasts. We also work with families who want to avoid this process entirely by putting powers of attorney and living trusts in place before a crisis forces their hand.

Talk to a Santa Clarita Conservatorship Lawyer

If someone you love needs protection, waiting only makes things worse. The longer you go without legal authority in place, the more exposed they remain to harm or exploitation. Contact the Law Offices of Andrew Cohen for a free consultation by clicking here or call 661-481-0100. We will sit down with you, listen to what is going on, and map out a clear plan for what comes next.

Conservatorship Attorney — Areas We Serve

In addition to Santa Clarita, the Law Offices of Andrew Cohen provides conservatorship legal services to clients in Sherman Oaks, Encino and Carlsbad. No matter where you are located in California, Attorney Cohen can help you with your conservatorship needs. Contact us or call 661-481-0100 to schedule your free consultation.