Conservatorship Attorney in San Bernardino, CA
When an adult in San Bernardino can no longer make safe decisions about their health or money, their family can’t simply take over. Unless the person signed a power of attorney or health care directive while they were able to, a court-appointed conservator may be needed before anyone has legal authority to help. These cases belong to the San Bernardino County Superior Court. The petition is filed through the probate clerk’s office at the San Bernardino Justice Center, and the case is then assigned for hearing to either the Fontana Courthouse or the Victorville Courthouse.
The Soto Law Group helps families decide whether a conservatorship is truly necessary and, when it is, guides them through the San Bernardino County process with respect for the person at its center.
Learn more about our conservatorship services.
Care Decisions, Financial Decisions, or Both
A judge can appoint a conservator of the person, a conservator of the estate, or both:
- A conservator of the person oversees where the conservatee lives, the medical care they receive and their everyday well-being.
- A conservator of the estate handles income, bills, investments and property, and answers to the court for how the money is used.
One person may hold both roles. The court can also divide them, for instance between a relative nearby who oversees daily care and another who keeps the books.
How a San Bernardino County Conservatorship Unfolds
- The petition. A relative or other interested person files through the probate clerk’s office, explaining why help is needed and who should serve.
- Investigation. After notice goes out to the proposed conservatee and close family, a court investigator interviews the proposed conservatee and writes a report for the judge.
- The hearing. We find out which courthouse the case is assigned to and prepare everyone for the hearing. The person the petition concerns can be there and voice any objection before the judge rules on whether to appoint a conservator, and whom.
- After appointment. The court continues to check in on the case, and a conservator of the estate must file an inventory of the conservatee’s assets and account for them at regular intervals.
Some situations can’t wait for the regular schedule, like a medical decision that has to be made now or money disappearing from a vulnerable adult’s accounts. In those cases we can ask for a temporary conservator to be appointed first.
When Your Loved One Owns Property Around the County
A conservator of the estate may be responsible for more than a bank account. If your loved one owns a home in Verdemont, a mountain cabin they can no longer get to, or land somewhere in the desert, the conservator has to keep each property insured, keep the taxes paid and keep it maintained, and every expense shows up in the accountings the court reviews. If you will be serving from another city, we help you set up the records and reports the court expects from the first month.
Less Restrictive Options Come First
Before a judge grants a conservatorship, the court has to look at whether something less restrictive would protect the person. Depending on the situation, that could be a supported decision-making agreement, a durable power of attorney, an advance health care directive or a trust, any of which can let relatives help without a judge supervising them. When your loved one still has the capacity to sign, now is the time to put those documents in place. Our San Bernardino estate planning page explains each of them.
Frequently Asked Questions About Conservatorships in San Bernardino
What does the court investigator do?
The investigator meets with the proposed conservatee, talks with them about the petition and gives the judge a written report before the hearing.
Can my parent object to the conservatorship?
Yes. The person the petition is about has the right to come to the hearing and say they disagree, and the judge hears that objection before deciding.
What if relatives disagree about who should serve?
Family members generally come first in line, but the judge has the final say, and if no one suitable is available the court may turn to the public guardian or a professional fiduciary. We can represent whoever is petitioning, objecting or asking to be appointed, and our aim is to settle the question without losing sight of the person who needs care.
Why Work With The Soto Law Group
We also draft the powers of attorney and health care directives that can make a conservatorship unnecessary, so we will tell you plainly when a simpler route can work. DeDe Soto stays personally involved and draws on more than 20 years of legal experience, and Associate Attorney Jessica Munoz and Thomas Roll (Of Counsel) support each case.
Related Services in San Bernardino
Conservatorships in Other Locations
Directions to Our Office From San Bernardino
Discuss Your Family's Options
Call (949) 945-0059 or contact us online so we can discuss the care and support your loved one needs.