Conservatorship Attorney in Laguna Beach, CA
Watching a parent or spouse lose the ability to handle their own affairs is painful. If a loved one in Laguna Beach can no longer manage their medical care, their home or their money, and never signed a power of attorney or health care directive, a conservatorship may be how the family gains legal authority to help. Petitions are filed with the Orange County Superior Court, which currently holds conservatorship hearings at the Costa Mesa Justice Complex. The Soto Law Group walks families through each stage, and we begin by asking whether a less restrictive option could meet the need instead.
Learn more about our conservatorship services.
Conservatorship of the Person and of the Estate
- Of the person: covers where the conservatee lives, their medical care, and their food, clothing and day-to-day well-being.
- Of the estate: covers income, bills, investments, real estate and other property, with regular financial reports to the court.
The court can appoint one conservator for both roles or name a different person for each.
Protecting a Laguna Beach Home and Finances
If your loved one owns a home in Laguna Beach, a conservatorship of the estate often revolves around that property. The conservator may have to pay the property taxes and insurance, arrange repairs on an older coastal or hillside house, and decide whether renting or selling the home would help pay for care. Selling the conservatee’s home generally requires court approval, so those decisions are made with the judge’s oversight. Warning signs that a conservatorship of the estate may be needed include unpaid bills, unexplained withdrawals and someone new suddenly taking an interest in your loved one’s finances.
Staying at Home or Moving to Care
Many families want a parent to stay in the home they know, whether that is a cottage near Heisler Park or a house up one of the canyons, for as long as it is safe. A conservator of the person can arrange in-home caregivers, coordinate with doctors and help decide when a move to assisted living or memory care becomes necessary. These are personal decisions, and the conservator is expected to make them in the conservatee’s interest and keep the court informed.
How a Conservatorship Moves Through the Orange County Court
- Filing the petition. A family member or another interested person files a petition explaining why your loved one needs a conservator.
- Notice and the investigator’s visit. Your loved one and close relatives must be formally notified. A court investigator then visits the proposed conservatee and gives the judge a written report.
- The hearing. The proposed conservatee may attend and object. The judge then rules on whether to grant the conservatorship and, if so, who will act as conservator.
- Ongoing oversight. The estate conservator files an inventory, reports on the finances at regular intervals and stays under the court’s review.
When something is urgent, such as a medical decision that can’t wait or money being drained by someone taking advantage, the court can name a temporary conservator to act until the main petition is decided.
Less Restrictive Options to Consider First
Before granting a conservatorship, a California court must consider less restrictive alternatives, including a supported decision-making agreement, a trust, an advance health care directive or a durable power of attorney. If your loved one can still understand and sign documents, putting those in place now may make a court case unnecessary. We’ll give you a frank assessment of which route fits your family.
Frequently Asked Questions About Conservatorships in Laguna Beach
My mother already signed a power of attorney. Do we still need a conservatorship?
Often not. A valid durable power of attorney and health care directive can give a trusted person authority to act without court involvement, which is one reason courts look at those documents first. A conservatorship may still be needed if the documents don’t cover the problem or the agent isn’t acting properly.
Can my parent object to a conservatorship?
Yes. Your parent can come to the hearing and tell the judge they oppose it, and the court investigator meets with them before the judge rules.
Is a conservatorship permanent?
Not necessarily. If it stops being needed, for instance because the conservatee recovers, the court can end it, and it also comes to an end when the conservatee dies.
Why Work With The Soto Law Group
We also draft powers of attorney, health care directives and trusts, so we look at every alternative before recommending a court case. Attorney Romelia “DeDe” Soto stays closely involved with each family, drawing on more than 20 years of legal experience, through a process that can be emotional for everyone.
Related Services in Laguna Beach
Conservatorships in Other Locations
Directions to Our Office From Laguna Beach
Get Guidance on a Conservatorship
Call us at (949) 945-0059 to talk about what your loved one needs, or contact us online.