Conservatorship Attorney in Santa Ana, CA
When a Santa Ana parent, spouse or grown child can no longer manage their care or money after a stroke, dementia or a serious injury, and no one holds a power of attorney or health care directive for them, a conservatorship may be needed before anyone can act on their behalf. The petition is filed in the Orange County Superior Court. Conservatorship cases left Santa Ana for Costa Mesa in May 2023, and the Costa Mesa Justice Complex is currently where they are heard. We help you figure out whether court is really the answer and, when it is, walk the family through each stage of the case.
Learn more about our conservatorship services.
Care of the Person, Care of the Estate
- Conservatorship of the person: decisions about housing, doctors and medical treatment, meals, safety and personal care.
- Conservatorship of the estate: control of income, bank accounts, bills, investments and real estate.
The court may give both roles to one conservator or divide them between two people.
The Conservatorship Process in Orange County
Families who remember filing in Santa Ana should know that the Harbor Boulevard courthouse in Costa Mesa is where these hearings currently take place. The case usually moves through these stages:
- Filing. A relative or other interested person petitions the court to appoint a conservator.
- Investigation. Once the family has been notified, a court investigator sits down with the proposed conservatee, explains the petition and their rights, and writes a report for the judge.
- Hearing. The proposed conservatee has the right to be there and to oppose the petition. The judge then decides if a conservatorship is warranted and chooses the conservator.
- After appointment. The court keeps watch: a conservator of the estate files an inventory first and accountings on a regular schedule after that.
If something can’t wait, such as surgery that needs consent or savings being siphoned away by someone taking advantage, the court can appoint a temporary conservator quickly while the full petition waits for its hearing.
Looking After a Long-Held Santa Ana Home
When the person who needs help owns a home they have lived in for many years, the conservator of the estate takes charge of that property. That can mean keeping up insurance, taxes and repairs, deciding whether the house can be rented if the conservatee moves into care, and accounting to the court for the money it brings in and costs. Major decisions about the property, including a sale, are made under the court’s supervision. We help conservators manage the home carefully and keep the court informed at each stage.
Less Restrictive Options to Consider First
Before a judge grants a conservatorship, California law requires the court to look at less restrictive alternatives. Depending on the situation, a trust, an advance health care directive, a durable power of attorney or a supported decision-making agreement might give the family the authority it needs with no court case at all. If your family member still has the capacity to sign documents, preparing them now may make a conservatorship unnecessary. When relatives disagree about whether a conservatorship is needed, or about who should serve, we represent petitioners, proposed conservators and family members who object.
Frequently Asked Questions About Conservatorships in Santa Ana
Is a conservatorship the same as a guardianship?
No. California uses guardianships for children under 18 and conservatorships for adults who can’t manage their own care or finances.
Will my mother or father have a voice in the case?
Yes. Your parent is served with the petition, interviewed by the court investigator and entitled to attend the hearing and voice any objection, and the judge weighs what they say.
What does a conservator report to the court?
Expect to file an inventory of everything the conservatee owns and, later, periodic accountings showing each dollar received and spent. The court reviews those reports to make sure the conservatee is protected.
Can a conservatorship be ended later?
Yes. The court can terminate a conservatorship once it stops being necessary, for instance after a recovery, and it ends when the conservatee dies.
Why Work With The Soto Law Group
Families usually come to us at a stressful moment, and we speak candidly about whether court is the right path. With more than 20 years of legal experience, DeDe Soto weighs a conservatorship against the alternatives with you, and if a conservator is needed, our team stays with you through the hearing and the reports that follow.
Related Services in Santa Ana
Conservatorships in Other Locations
Directions to Our Office From Santa Ana
Discuss a Santa Ana Conservatorship
To talk about a family member who needs help, call (949) 945-0059 or contact us online.