Conservatorship Attorney in Orange County, CA
A conservatorship lets a court give someone legal authority over the care or finances of an adult who has lost the ability to manage them, often because of dementia, a stroke or a serious injury. If that adult lives in Orange County and hasn’t signed a power of attorney or advance health care directive covering the situation, the family generally files in the Orange County Superior Court. Its conservatorship cases are currently heard at the Costa Mesa Justice Complex.
Our role starts with an honest look at whether court involvement is necessary at all. If it is, The Soto Law Group handles the case from the petition through the appointment and beyond.
Learn more about our conservatorship services.
Person, Estate or Both
The court can give a conservator two different kinds of authority:
- Conservatorship of the person covers daily life: where the conservatee lives, the medical care they receive and their personal well-being.
- Conservatorship of the estate covers money and property, including income, bills, investments and real estate, and the conservator reports to the court about them.
Families can ask for one or both. The same person may serve in each role, or the court can appoint different people.
Steps in an Orange County Conservatorship
- Petition. A spouse, relative or other interested person asks the Orange County Superior Court to appoint a conservator by filing a petition.
- Notice. Formal notice of the hearing goes to the proposed conservatee and close family members.
- Investigation. The court sends an investigator to interview the proposed conservatee, and the investigator’s report goes to the judge.
- Hearing. The proposed conservatee may come to court, speak and object. The judge then weighs the evidence and the investigator’s report, decides whether a conservatorship is necessary and, if it is, names the conservator.
- After appointment. A conservator of the estate must give the court an inventory of the assets and then file accountings at regular intervals, and the judge keeps oversight of the case.
If a surgery decision is pending or someone is emptying a vulnerable adult’s bank accounts, the family may not be able to wait for the regular hearing date. In those cases, a judge can name a temporary conservator to act in the meantime.
Options the Court Must Consider First
Before granting a conservatorship, a California court has to look at whether something less restrictive would work. A trust, a durable power of attorney, a supported decision-making agreement or an advance health care directive may give the family the authority it needs without ongoing court oversight. While your loved one still has the capacity to sign, setting these up can make a conservatorship unnecessary. You can read about each one on our Orange County estate planning page.
When Family Members Live in Different Cities
If your mother lives in Laguna Beach while you and your siblings are in Irvine, Anaheim and Huntington Beach, distance can make it harder to agree on who should serve and what care she needs. The case goes to the same county court regardless, so the real question is usually who is in the right position to manage her care and finances day to day. We represent petitioners, proposed conservators and relatives who object, and we look for agreements that keep attention on the person who needs help.
If the conservatee recovers, or the arrangement otherwise stops being necessary, the court can bring the conservatorship to an end. Our Newport Beach, Costa Mesa and Santa Ana pages have more about those communities.
Frequently Asked Questions About Conservatorships in Orange County
What does the court investigator do?
The investigator interviews the proposed conservatee, gathers information about the situation and reports to the judge before the hearing. That report is part of what the judge weighs in deciding whether a conservatorship is needed.
Can my parent object to a conservatorship?
Yes. The proposed conservatee is entitled to be at the hearing and to oppose the petition, and the judge takes that opposition into account.
What if we need authority right away?
Ask about a temporary conservatorship. In an urgent situation, the court can put a temporary conservator in place to act until the full petition is decided.
Does a conservator have to report to the court?
Yes, when they manage the estate. The conservator files an inventory of what the conservatee owns, followed by periodic accountings that the court reviews.
Why Work With The Soto Law Group
We prepare incapacity documents as well as conservatorship petitions, so we look at every option before recommending a court case. Romelia “DeDe” Soto, with more than 20 years of legal experience, works with families directly through these sensitive decisions.
Related Services in Orange County
Conservatorships in Other Locations
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Discuss Your Family's Situation
Our team is available at (949) 945-0059. You can also contact us online to talk about a conservatorship in Orange County.