Conservatorship Attorney in Anaheim, CA
If a parent, spouse or adult child in your family can no longer handle their own care or finances, and never signed a power of attorney or health care directive, a conservatorship may be the legal way to step in. Anaheim families file these cases in the Orange County Superior Court, and conservatorship matters are currently heard at the Costa Mesa Justice Complex. The Soto Law Group helps families decide whether a conservatorship is truly needed, and guides them through the court process when it is.
Learn more about our conservatorship services.
What a Conservator Can Be Appointed to Do
The court can appoint a conservator of the person, a conservator of the estate, or both.
- A conservator of the person oversees where the conservatee lives, their medical care and their day-to-day well-being.
- A conservator of the estate takes over the person’s finances, from paying bills and collecting income to managing property and investments, and accounts to the court for them.
One family member can take on both, or the court can give each role to a different person, such as two siblings.
Caring for a Parent Who Lives With You
If an aging parent shares your Anaheim home, you may already be handling their appointments, medications and bills informally. That works until a bank, a hospital or a care facility asks for legal authority you don’t have. A conservatorship of the person can give you authority over medical care and living arrangements, including keeping your parent at home with the family when that is right for them, and a conservatorship of the estate lets you manage their accounts and property under the court’s supervision. If your parent can still understand and sign documents, a power of attorney and a health care directive may make a conservatorship unnecessary.
Steps in an Orange County Conservatorship Case
- Filing. We draft the petition requesting a conservator’s appointment, along with the supporting forms.
- Investigation. Notice goes to the proposed conservatee and close family, and a court investigator interviews the proposed conservatee and reports back to the judge.
- The hearing. Your loved one can come to court and tell the judge they disagree. After hearing from everyone, the judge rules on whether a conservatorship is required and appoints the conservator.
- Ongoing reporting. After appointment, the conservator of the estate submits an inventory of the conservatee’s assets, followed by regular accountings that the court reviews.
When the Conservatee Owns a Business or Rental Property
If the person who needs help owns a business or rental property in Anaheim, someone has to keep paying employees, collecting rent and making decisions. A conservator of the estate can be given that authority, subject to the court’s oversight and accountings. If the business or property is held in a trust with a successor trustee, the trust may already provide a way forward without a conservatorship.
Less Restrictive Options to Consider First
Before granting a conservatorship, California courts must look at whether something less restrictive would work, such as a supported decision-making agreement, a durable power of attorney, an advance health care directive or a trust. These tools let a family help without ongoing court supervision. When an Anaheim family comes to us about a parent or an adult child, we look at these options first. Our Anaheim estate planning page explains the documents involved.
Frequently Asked Questions About Conservatorships in Anaheim
Will my parent have a say in the case?
Yes. A court investigator interviews the proposed conservatee, who can attend the hearing and object to the petition.
What if we need help right away?
Ask about a temporary conservatorship. When a medical decision can’t wait or an adult’s money is being taken, the court can name a temporary conservator to act until the main petition is decided.
Is a conservatorship permanent?
Not necessarily. If the person regains the ability to manage on their own, the court can terminate the conservatorship, and it also ends when the conservatee dies.
Why Work With The Soto Law Group
Our attorneys also prepare the planning documents that can make a conservatorship unnecessary, so our advice starts with the least restrictive option that still protects your loved one. Romelia “DeDe” Soto, who has more than 20 years of legal experience, works closely with each family.
Related Services in Anaheim
Conservatorships in Other Locations
Directions to Our Office From Anaheim
Discuss a Conservatorship for Your Loved One
Reach our Newport Beach office at (949) 945-0059 or contact us online to talk about what your family needs.