Rod of Iron Trusts & Estates Counsel

Conservatorship Attorney in the San Francisco Bay Area

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What is a conservatorship?

When an adult can no longer manage their own personal affairs or finances due to memory loss, illness, or a catastrophic accident, a court appoints a person called a “conservator” to act on their behalf. The conservator is like a guardian, but for an adult.

Common situations that bring families to us include Alzheimer’s Disease, Parkinson’s Disease, and other forms of dementia, brain injuries, debilitating strokes, and other conditions that affect a person’s ability to make sound decisions.

When should you call us?

ASAP. Time matters. Reach out as soon as possible if:

• You are concerned that a loved one is losing, or has already lost, the ability to care for themselves
• You worry that a loved one’s health or finances could be mismanaged by someone else
• A loved one can no longer handle their property or business affairs and their assets are at risk
• Family members disagree about who should be making decisions for an incapacitated person
• A child with developmental disabilities is approaching the age of 18

Do not wait. The sooner we speak, the more options you have. And in some situations, we may be able to avoid the conservatorship process altogether.

Not every conservatorship is the same. California law provides different types depending on what your loved one needs protection from. Some situations call for one type, some call for another, and many require both. We will tell you exactly what applies to your situation and why.

Limited conservatorship for adults with developmental disabilities

Turning 18 is a big deal, and for many young adults with developmental disabilities, greater independence is absolutely the goal. You do not have to choose between supporting their independence and keeping the ability to help them. A limited conservatorship is built for exactly that balance. You stay in the picture for the things that matter, and they keep moving forward on their own terms.

What we do for you

A conservatorship reaches into the most intimate parts of a person’s life. It involves their medical care, where they live, how their money is spent, and how their days are structured. These are not abstract legal questions. They are deeply personal ones, and they deserve to be handled that way. We build long-term relationships with our clients because this kind of work requires it. We start by getting a clear picture of your situation: who needs protection, what is at stake, and whether any family dynamics could complicate things. From there, we manage the court filings and walk you through each step of the process.

Not everyone in a conservatorship proceeding is on the same side. We can represent the person seeking conservatorship, the person it is being sought over, or another family member with a legitimate interest in the outcome. Whoever you are in this situation, we will make sure your voice is heard.

No good deed goes unpunished

When you step up to help a loved one through a conservatorship, it is easy to assume the court is on your side. It is not. The court’s job is to protect the conservatee, full stop. The judge is there to provide formal oversight and make sure your loved one’s rights are being properly upheld. No one in that courtroom is there to look out for you, even when your intentions are good.

That matters more than most people realize. Once a conservatorship is in place, your legal obligations are just beginning. You must account for everything your loved one owns, follow strict rules about how their money can be spent or invested, and file regular reports with the court on time. Make a mistake, even an honest one, and you can be held personally responsible.

We stay involved after the conservatorship is granted because the hard part is often just beginning. Keeping you in compliance with the court is essential, but it is only one piece of what you are taking on.

Most conservators are figuring things out as they go. How do you organize your loved one’s daily life in a way that works for them? And for you? You now have two lives to manage. Things most of us take for granted, like having visitors, staying entertained, and feeling some sense of control over your own day, need to be thought about and planned for. A conservatee deserves as much autonomy and control over their life as possible, and it is on the conservator to make that happen.

Then there are the practical questions no one prepares you for. Who handles transportation when mobility becomes an issue, and how do you get a health plan to pay for it? How do you navigate your loved one’s benefits to make sure they are getting everything they are entitled to? What community resources exist, and how do you actually access them?

And what about you? Serving as a conservator can take a significant amount of time away from your own family and responsibilities. You may need to reduce your hours at work or rearrange your life in ways you did not anticipate. Many conservators do not realize that they may be entitled to reasonable compensation for their time and effort. Making sure that is handled correctly is part of what we do.

You cannot anticipate what you do not know. That is exactly why it matters to work with an attorney who has been through this before. You do not have to figure this out on your own.

What if no family member is able to serve as conservator?

Sometimes a loved one needs a conservator but no family member is available or able to step into that role. Life is busy, family members may live out of town, or have their own families and responsibilities to manage. That is completely understandable, and there is no reason to feel guilty or conflicted. In those situations, we can connect you with a licensed professional fiduciary. Professional fiduciaries are trained and licensed by the state of California to serve as conservators. They handle the legal and financial responsibilities on your loved one’s behalf and are accountable to both the court and to state regulators. We work with professional fiduciaries we know and trust, and we will help you find the right fit for your loved one’s situation.

Your ongoing obligations to the court

Once a conservatorship is granted, the court keeps a close eye on it. This oversight is not there to help you. It is there to protect the conservatee. Regardless of your intentions, everything you do on behalf of your loved one will be subject to scrutiny through regular accountings and reports. Those reviews are conducted not only by the court, but also by those who stand to inherit the conservatee’s assets, and those parties may challenge your decisions. Miss a deadline or make a filing error, and you may find yourself in front of a judge answering for it. We make sure that does not happen.

Ready to talk? Call us at (415) 608-7481 or send us a message to schedule a consultation. We will take the time to understand your situation and give you an honest picture of your options.