Attorneys For Conservators & Guardians
A conservatorship or guardianship is a process by which a court appoints someone to care for you or your loved one when you or they are unable to provide self-care for their health needs (conservator of the person) or self-manage finances (conservator of the estate), including resisting undue influence and becoming a victim of financial elder abuse. If you think you or a loved one needs help or has been or may become the victim of abuse, or if someone is seeking to establish an unnecessary conservatorship or guardianship for you or a loved one, we can help.
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Comprehensive Representation for Conservators & Guardians
You may need to hire a conservatorship lawyer to contest a conservatorship when a conservator is abusing or exploiting their authority for personal gain. It’s always painful to see a loved one become incapacitated due to injury, illness, or a neurological condition. It can be even more difficult when the disabled individual has no power of attorney in place, making it necessary for the courts to appoint a conservator to make vital financial and personal decisions on their behalf. Unfortunately, some conservators abuse or exploit their authority, often for personal gain, or otherwise act in ways that are detrimental to the conservatee’s interests and the interests of their beneficiaries.
Conservator & Guardian Legal Services
At RMO Lawyers, we represent conservators and guardians in the establishment of a conservatorship or guardianship, or during a legal dispute. Whether seeking the conservatorship or guardianship of a loved one or defending against claims and navigating legal challenges after a conservatee or ward has passed, we are here to support you through every step of the process.
If You Are Seeking to Establish a Conservatorship or Guardianship
We offer legal assistance in filing for and establishing conservatorships to ensure your loved one receives the care and protection they need.
- Filing for Conservatorship or Guardianship: We’ll guide you through the legal process of petitioning for a conservatorship, ensuring all necessary documentation is properly completed and submitted.
- Demonstrating Need for Conservatorship or Guardianship: We can help gather and present medical and financial evidence to support the need for conservatorship, providing a clear case to the court that protects the individual’s well-being.
- Handling Objections: If there are objections to your conservatorship or guardianship petition, we provide strong legal advocacy to address concerns and defend your position.
If You Are Concerned About a Conservatorship or Guardianship Being Sought Over a Loved One.
We provide representation if you are concerned that a conservatorship is being wrongfully pursued over a loved one.
- Contesting Unnecessary Conservatorship or Guardianship: If you believe that a conservatorship is not in your loved one’s best interests or is being pursued under nefarious pretenses, we will help contest it and protect your loved one’s rights.
- Investigating Claims of Undue Influence or Abuse: We can investigate cases where undue influence or financial exploitation may be a factor in a conservatorship petition and provide strong defense to safeguard your loved one.
- Presenting Alternatives: We work with families to explore less restrictive alternatives to conservatorship or guardianship and present these options to the court, ensuring that the least invasive solution is pursued.
Other Legal Services for Conservators & Guardians
Our legal services for conservators and guardians include a full range of services, whether you’re defending your role or addressing disputes after the passing of a conservatee or ward. Our services include:
- Defending Conservators and Guardians Against Claims: We provide robust defense against claims of mismanagement, breach of fiduciary duty, or undue influence, ensuring that your actions are properly defended.
- Handling Disputes Post-Death of Conservatee or Ward: Even after your conservatee or ward has passed, legal representation is crucial to addressing disputes from trustees, executors, beneficiaries, or other interested parties.
- Assisting in Asset Management and Distribution: We help conservators and guardians manage and distribute assets in accordance with court orders or the terms of a will or trust, ensuring compliance and protecting your role.
- Responding to Contested Conservatorships or Guardianships: If your conservatorship or guardianship is being challenged, we provide the legal support you need to maintain your position and protect your conservatee or ward’s best interests.
Navigating Claims of Elder Abuse or Financial Mismanagement: We defend conservators and guardians against allegations of financial abuse or mismanagement, ensuring that these claims are thoroughly investigated and properly addressed.
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Navigating a conservatorship or guardianship? RMO attorneys provide personal and efficient legal services for contested conservatorship and guardianship matters.
Conservator & Guardian FAQs
Answers to common questions about conservatorships and guardianships, helping you better understand your rights and the legal processes involved in protecting your interests.
What is a conservatorship?
When a person becomes unable to competently make their own decisions for any reason, the courts may need to appoint someone else to do it for them. This person is called a conservator. Sometimes called an “adult guardianship,” a conservatorship refers to the legal relationship between the conservator and the person they are acting on behalf of, called the conservatee (or sometimes “the ward”).
California State Probate Code §1801(b) states:
“A conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial resources or resist fraud or undue influence. . . . Substantial inability may not be proved solely by isolated incidents of negligence or improvidence.”
Some conservatorships are voluntary, meaning that the conservatee understands and agrees to the arrangement, believing it to be in their own best interest. More often, though, the conservatee is either unable to give consent or unwilling to cooperate, and it becomes necessary for family, friends, or government agencies to petition for conservatorship in court and to litigate the conservatorship petition.
Common situations requiring the establishment of conservatorships are when an individual is in a coma, has had a stroke, suffers from advanced Alzheimer’s, dementia, or mental illness, or is otherwise being taken advantage of, financially, physically, emotionally, or otherwise.
What is a financial conservatorship?
A financial conservatorship is a legal relationship in which a court appoints someone to manage the finances of someone else who is incapable of doing so. When a financial conservator has been appointed to manage another’s assets and property, they are called a “conservator of the estate.” This may be a different individual than the “conservator of the person,” who is appointed to make personal and health care decisions for the conservatee. Often, a single individual is appointed to act in both capacities.
Financial conservators have relatively broad powers and direct access to valuable resources. Once appointed, they have a duty to manage all of the conservatee’s financial assets — including bank accounts, real estate, government benefits, investments, etc. Though it usually requires a separate petition in court, financial conservators may even have the power to sell property or cash out other assets, claiming the proceeds are needed to pay for healthcare or other essential expenses. Obviously, these are major decisions that have a huge impact on the conservatee, and potentially his or her intended beneficiaries.
In any case, a financial conservator is legally obligated to act in the best interest of the conservatee at all times. If you suspect a conservator of violating this duty, consult an experienced probate litigation attorney or conservatorship lawyer near you to see if you have legal recourse.
Can a conservatorship be contested?
Yes, you can contest a conservatorship. A frequent example is siblings disagreeing over the best course of action in the care of an elderly parent. Perhaps mom has dementia, and one sibling wishes to sell her home and move her into a facility, while another wishes to retain the home and provide for at-home assistance. In some cases, both siblings may petition for conservatorship, battling it out in court for ultimate decision-making power.
A conservatorship may also be contested for the simple reason that it is no longer applicable. Perhaps the conservatorship was necessary at some point in the past, when the conservatee was ill or injured, but now they have recovered or regained their full faculties, rendering them capable of making their own decisions again.
In other cases, a conservatorship is challenged for more insidious reasons. Given their privileged access and authority over assets, it is not hard to imagine how less ethical persons, sometimes even the conservator, might steal or misappropriate funds, inflate the cost of claimed expenses and pocket the difference, or otherwise engage in self-serving practices. While courts create and oversee conservatorships, conservators can and do take advantage during the intervening supervisory check-ins. It is therefore often incumbent upon family members, friends, and loved ones to ensure that a conservator is not abusing their position.
Who can contest a conservatorship?
Virtually anyone may contest a conservatorship if they have an interest in the incapacitated conservatee’s personal welfare or estate assets — including the proposed conservatee. Family members, friends, or even business associates are common contestants, as are designated beneficiaries in the conservatee’s will or trust.
In any case, it is usually preferable to contest a conservatorship while it is still pending in the petitioning stages of the conservatorship case process. But never assume that you don’t have a legal leg to stand on simply because a conservator has already been appointed. Sadly, conservators are prone to all manner of abuses and lack of due care in these situations. Keep in mind that the court itself appoints conservators, so they tend not to look kindly upon those who have clearly violated their trust.
It may be helpful to review CRC Rule 7.1059: “Standards of conduct for the conservator of the estate.” If the conservator you are challenging has failed to live up to any of these standards, contact a conservatorship attorney near you right away.
How do I contest a conservatorship and win?
To contest a conservatorship and win, you need to find a conservatorship attorney with a proven track record in your applicable court. At RMO, we have a proven track record in contested conservatorship cases, because experience has taught us what kinds of evidence and arguments are effective in court.
Whether you work with us or another of the best conservatorship attorneys near you, be sure to ask if they have experience winning conservatorship cases similar to yours. The first step is always to make sure you select the right representation. The right lawyer can be the variable that makes or breaks your case. That said, you may be more likely to win your case if the following are true:
- If the conservatee is able and willing to testify in support of your position. The law protects a conservatee’s right to represent their own interests in court to the extent they are capable; even if a conservator has already been appointed.
- If you can show any suspicious financial activity in the conservator’s accounting, or find supporting witnesses to attest to a conservator’s fiduciary offenses.
- If a rival conservator’s petition has not been granted yet, and your competing petition takes precedence under California law, you will have a better chance of succeeding. Spouses and domestic partners are generally given preference, followed by adult children, adult siblings, and/or any other blood relatives. Please note, however, that the court is always going to appoint the person who will serve the conservatee’s interest, regardless of priority for appointment.
What are the steps of contesting a conservatorship?
Note that you may object to either the need for the conservatorship, or to a particular person being appointed as conservator. You may also object to an existing conservator continuing to serve as such.
If you want to block someone else’s petition for conservatorship, you should first consult with a conservatorship litigation attorney and file the appropriate papers with your court. You must also inform all interested parties — the petitioning conservator, the proposed conservatee, family members, and potentially close friends or business colleagues. Your attorney will make sure that proper notice is given to all parties in a timely manner, in accordance with your state’s laws.
You will then likely need to attend a legal hearing, where the judge will hear evidence pertaining to the proposed conservatee’s incompetence or lack of mental capacity. If, after hearing this evidence, the judge concludes that a conservatorship is indeed necessary, the judge will likely appoint a conservator in the same hearing. The judge’s decision will be based on state laws mandating who gets priority as a conservator. In California, the conservatee’s spouse or domestic partner is generally preferred, followed by any adult children or adult siblings. After that, any other blood relatives are still the most likely candidates, but in special circumstances, judges may grant conservatorship to an interested party who is not a family member.
If no one to whom the conservatee is familiar is deemed suitable to serve as conservator, the judge may in rare cases appoint a public or other professional conservator, most often a private professional fiduciary.
If a conservator has already been appointed, the conservatorship may still be contested during regular public hearings involving the review of conservatorship reports and independent reports concerning the conservatee.
How do I contest a limited conservatorship?
Limited conservatorships are generally applied when a person has a developmental disability and only needs help managing certain areas of their lives. Therefore, if someone is petitioning to be a limited conservator, he or she is only seeking the authority to perform certain duties on behalf of the conservatee. If appointed, the limited conservator will have the power to take care of only those aspects of the conservatee’s life specified by the court order. The conservatee retains all other legal and civil rights.
Limited conservatorships are often contested by a conservatee or other interested parties when a limited conservator oversteps his or her specified powers. A limited conservator must never infringe upon the personal autonomy or freedoms retained by the conservatee with respect to the areas of their lives they remain capable of managing on their own.
What is a contested conservatorship?
A contested conservatorship occurs when one party legally disputes the appointment of a conservator or a conservator’s powers to make financial, medical, or personal decisions on behalf of an incapacitated person. A contested conservatorship may sometimes be referred to as a “contested guardianship,” but in both cases, the issue is the same — either no conservatorship is need or the person who has been entrusted to manage someone else’s assets, medical decisions, or personal interests is failing to fulfill or abusing their obligations.
Contested conservatorships are inevitably complex and usually emotionally-charged. It is often family members or closely associated parties who suddenly find themselves in an uncomfortable, adversarial position. However, with the help of competent and tactful counsel, personal conflict can be kept to a minimum while a contested conservatorship is being resolved.
When should I contact a conservatorship attorney?
You should contact a conservatorship attorney near you if:
- You want to act as a conservator for an incapacitated loved one.
- You want to prevent another party from acting as a conservator for an incapacitated loved one.
- You want to nullify, revoke, or suspend an existing conservatorship because it is no longer necessary or appropriate — or you believe it never was in the first place.
- You believe a conservator for a loved one is acting in an unethical or self-serving manner.
- You believe a conservator for a loved one is negligent, incompetent, or failing to perform.
- You are a would-be conservator competing against another party for the position.
- You are an existing conservator defending yourself against legal action by another party.
Does a conservator need a trust litigation attorney?
We recommend finding an experienced conservatorship attorney familiar with the county probate court in the county where the conservatorship was established. For example, if the conservator lives in Miami, Florida, yet the conservatorship was established in Los Angeles, California, we recommend working with a probate lawyer in Los Angeles. A Los Angeles probate lawyer will generally be more familiar with the Los Angeles Superior Court Probate Division, versus an out-of-state attorney.
Practice Areas
We have decades of experience getting results for people like you. Our team will listen to you, investigate your claims, develop a strategy aimed at accomplishing your goals efficiently and cost-effectively, whether that’s through negotiated resolution, formal mediation or trial, so that you can move on with your life. Schedule a free consultation, or give us a call.
We represent beneficiaries, heirs, administrators, executors, trustees and conservators/conservatees in cases involving disputing a will or trust, claims of breach of fiduciary duty, fiduciary misconduct and fraud, investment mismanagement, financial elder abuse, incapacity, and undue influence.
Stepping into the role of “Personal Representative” to handle your loved one’s trust, will, or probate estate can be an overwhelming experience. We have decades of experience helping individual and institutional administrators, executors, and trustees fulfill all their duties efficiently and cost-effectively. Although just a summary, below are many of the things we can help you with, and we’re always happy to answer your questions.
When your loved one is incapable of handling their affairs, whether financial or their own care, it may be time to consider a judicial conservatorship of the person (personal health and welfare of the conservative) or conservatorship of the estate (care of the conservatee’s finances), especially where your loved one may be the subject of financial or elder abuse. Often family members believe that a power of attorney or healthcare power may be sufficient, but often they are wrong. Sadly, even more often the person who holds those powers is the one abusing the loved one. Whether you need help analyzing whether a conservatorship is warranted, or need help defending against a frivolous conservatorship action, we can help.
Financial elder abuse is one of the fastest growing areas of law, affecting one of the most vulnerable sectors of our society. California’s elder abuse statutes provide extra protections to those 65 years of age and older who were victimized by the fraud or theft of another, most often a “loved one” who takes advantage of mom, dad, aunt, uncle, grandma or grandpa’s incapacity. We have successfully prosecuted and defended hundreds of financial elder abuse cases.
Conservator & Guardian Case Results
RMO has a proven track record of protecting people and defending legacies.
Protected Conservatee, Financial Advisor Fraudster Barred from Industry
Represented a court-appointed guardian ad litem in securing a prosecution agreement with counsel for the conservator of an institutionalized dementia patient who was taken advantage of financially by her financial advisor, leading to his permanent bar from the financial services industry.
Protected Elder Father from His Own Daughters
On behalf of his wife, established conservatorship of an elderly man over the protests of his daughters, who were his attorneys-in-fact and nominated conservators, living rent-free in his properties, and had repeatedly threatened to withhold caregiving. Secured ex parte suspension of the daughters’ powers of attorney and appointment of a private professional fiduciary to protect dad, which was granted by probate court.
Safeguarded Grandmother
Secured appointment of a private professional fiduciary for grandmother on behalf of grandson, and over the objections of grandson’s aunt, who, along with her husband, had been exploiting grandma financially, securing grandma’s return home and well being.
Established Guardianships for Kidnapped Parent
In two separate cases, established a guardianship for our client on behalf of their parent after the parent was secretly moved across state lines by our clients’ siblings so the kidnapping sibling could take financial advantage of the parent.
Thwarted Conservatorship Attempt
Defeated wife’s attempt to have herself appointed as conservator for husband when dad resisted wife’s efforts to unduly influence him to change his estate plan in her favo
Defeated Conservatorship Financial Abuser
Defeated financial abusing neighbor’s attempts to establish himself as conservator for his elderly neighbor, from whom he had transferred her properties into his name, added himself to her accounts, and changed her estate planning documents to name himself as executor, trustee and sole beneficiary.
From Our Blog
Insights and advice on conservators & guardians from our blog.
- Conservatorships
- 3 min read
How To Contest a Conservatorship and Win
You may need to hire a conservatorship lawyer to contest a conservatorship when a conservator is abusing or exploiting their authority for personal gain. [...]
- Conservatorships
- 3 min read
How to Fight Conservatorship Abuse
Fighting conservatorship abuse is a complex and emotionally-charged topic. Seeing a loved one ignored or taken advantage of by the person or persons charged [...]
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