Conservatorship Attorney in Irvine, CA
When an adult family member can no longer manage their own care or finances because of dementia, a stroke, an injury or another condition, and no power of attorney or health care directive is in place, a conservatorship may be the only way to step in legally. Irvine families file these cases in the Orange County Superior Court, whose probate division currently sits at the Costa Mesa Justice Complex. The Soto Law Group guides families through the process with care, and helps them consider whether a less restrictive option will work.
Learn more about our conservatorship services.
Conservatorship of the Person and of the Estate
There are two kinds of responsibility a court can give a conservator:
- Conservator of the person: decides where the person lives, arranges their medical care, and looks after their daily needs and well-being.
- Conservator of the estate: manages the person’s income, bills, property and investments, and reports to the court on the finances.
One person can hold both roles, or the court can split them between two people.
How a Conservatorship Works in Orange County
- Petition. A family member or other interested person files a petition asking the court to appoint a conservator.
- Notice and investigation. The proposed conservatee and close relatives receive notice, and a court investigator meets with the proposed conservatee and reports to the judge.
- Hearing. The proposed conservatee has the right to attend the hearing and to object. The judge decides whether a conservatorship is needed and who should serve.
- Ongoing duties. A conservator of the estate files an inventory and regular accountings, and the court reviews the case over time.
When the situation is urgent, such as a pending medical decision or money being taken from a vulnerable adult, the court can appoint a temporary conservator while the full case moves forward.
Alternatives to Conservatorship
California courts must consider less restrictive options before granting a conservatorship. A durable power of attorney, an advance health care directive, a trust or a supported decision-making agreement may let a family help their loved one without court supervision. If your loved one can still sign documents, putting these in place now can avoid a conservatorship entirely.
When a Conservatorship Is Contested
Families sometimes disagree about whether a conservatorship is needed or who should serve. We represent petitioners, family members who object and proposed conservators, and we work to resolve these disputes in a way that keeps the focus on the person who needs help.
Frequently Asked Questions About Conservatorships in Irvine
Who can serve as conservator?
Courts usually prefer a spouse, adult child or other close relative, but any competent adult the court finds suitable can serve. If no one is available, the court may appoint a professional fiduciary or the public guardian.
How long does it take to set up a conservatorship?
It depends on the court’s calendar and whether anyone objects. In an emergency, a temporary conservator can be appointed much sooner while the full case continues.
Can a conservatorship end?
Yes. The court can end a conservatorship if it is no longer needed, for example if the person recovers, and a conservatorship ends when the conservatee dies.
Why Work With The Soto Law Group
Attorney Romelia “DeDe” Soto has more than 20 years of legal experience and works with families personally. Because we also prepare powers of attorney and health care directives, we can tell you honestly whether a conservatorship is the right tool or whether a simpler option will do.
Related Services in Irvine
Conservatorships in Other Locations
Directions to Our Office From Irvine
Talk With a Conservatorship Attorney
Call our Newport Beach office at (949) 945-0059 or contact us online to discuss your family’s situation.