Your San Diego Conservatorship Lawyer
If you are concerned that a loved one is no longer mentally or physically capable to manage their own personal care or finances, a conservatorship may be your best option. Our experienced conservatorship lawyers can help you evaluate whether this route is appropriate and navigate all aspects of the court process. We can also help you avoid conservatorship in the future through careful estate planning.
What Is Conservatorship?
A person, or persons, are appointed by the court to manage the affairs of another adult who is legally determined to be unable to care for themself due to physical or mental impairment. The conservator then has a legal duty to responsibly oversee the conservatee's finances, personal care, or both, as defined by the terms of the conservatorship. This responsibility typically lasts until the conservatee dies or is able to once again take care of themselves.
When Should a Conservator Be Appointed?
Conservatorship is warranted when an adult is incapacitated, or is otherwise unable to properly handle their own affairs. This could be due to a developmental disability, something straightforward, such as a coma, or other serious injury, or more complex, as in the case of disease causing cognitive decline such as dementia. Conservatorship is also common for elderly adults who require assistance because of their age.
Why Choose Brierton, Jones, & Jones
Marked by Integrity
A reputation for professional excellence built up over 30 years of practice in San Diego.
Driven by Excellence
Award-winning attorneys with decades of experience resolving even the most complicated issues and cases.
One of the few San Diego firms that focuses exclusively on trust and estate matters.
Creative Problem Solving
A focus on problem solving to efficiently resolve cases.
Our clients and their families return to us generation after generation.
Our attorneys have been actively involved in the local community from the firm’s inception.
Conservatorship Terms to Know
Conservator – The person who is appointed by the court and authorized to make personal and/or financial decisions on behalf of the legally incapacitated person, the conservatee.
Conservatee – The person who the court has determined is legally incapacitated and unable to make personal and/or financial decisions.
Probate Conservatorship – A Conservatorship proceeding held in the Probate Division of the court (versus the Mental Health Division). Can be either a general or limited conservatorship.
General Conservatorship – Conservatorship for an adult who is unable to take care of themselves.
Limited Conservatorship – Conservatorship for an adult with developmental disabilities who is unable to take care of themselves.
Conservatorship of the Estate – A conservatorship in which the conservator manages the conservatee's financial affairs.
Conservatorship of the Person – A conservatorship in which the conservator manages the conservatee's medical and personal care decisions.