Torrance Conservatorship Attorney

Conservatorship Lawyers Serving the South Bay, Los Angeles & Orange County

California Estate & Trust Litigation Attorneys
Protecting Legacies • Resolving Disputes
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When a family member or loved one cannot manage their own affairs or care for their own well-being, a conservatorship may be necessary to protect their health and their finances. A Torrance conservatorships attorney can help you set up a conservatorship for a loved one so that you can make important medical decisions, financial payments, and take other actions to support them. An attorney can help you file or contest a petition and follow conservatorship laws.

Conservatorship Lawyers Serving the South Bay, Los Angeles & Orange County

At Wickers, Wickers & Admans LLP, conservatorships are an important part of our trust and estate law practice. Our attorneys in Torrance and in the greater Los Angeles County represent family members, professional conservators, professional fiduciaries, proposed conservators, and concerned loved ones seeking court protection for individuals who are unable to manage their personal care or financial affairs.

We have over 25 years of combined legal experience that we leverage for your benefit, representing clients in California conservatorship matters in Torrance, the South Bay, Los Angeles County, and Orange County. We assist with establishing conservatorships, navigating court procedures, and fulfilling the ongoing legal responsibilities required by the California Probate Code.

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Our team knows these cases can be emotionally draining for family members, and we provide the knowledge, resources, and guidance you need. Our attorneys have extensive experience appearing in the Los Angeles County Superior Court Probate Division and the Orange County Probate Court in matters involving conservatorships, probate administration, trust matters, and estate litigation.

Experienced Conservatorship Attorneys in Torrance

Our partners Christina M. Wickers Herman and Alexandra L. Admans have been recognized on the Super Lawyers Rising Stars list in Trusts and Estates in Southern California.

The firm’s experience in conservatorship matters is strengthened by the long history of court involvement by our founding partner, Rodney W. Wickers (Ret.).

Rodney W. Wickers (Ret.) served for more than ten years as Court Appointed Counsel for the Probate Volunteer Panel in Los Angeles County, representing Proposed Conservatees and Conservatees and assisting the court in determining the individual’s wishes and interests.

Continuing this tradition, Christina M. Wickers Herman has served as Court Appointed Counsel in the Los Angeles Superior Court since 2018, representing individuals involved in conservatorship proceedings. Christina M. Wickers Herman has worked with Alexandra L. Admans for 13 years.

This background provides our firm with valuable insight into how conservatorship courts evaluate capacity, care, and financial management decisions.

What Is a Conservatorship in California?

A conservatorship is a legal relationship created by the court when an adult is unable to manage their personal care, medical decisions, or financial affairs. In Torrance, 8.2% of the population is disabled, including 3.6% with a cognitive difficulty and 4.8% with an independent living difficulty. Additionally, 19.8% of the population in the city is over the age of 65.

The court may appoint a Conservator to act on behalf of the Conservatee, who is the individual requiring assistance.

In California, there are generally two primary types of conservatorships:

Conservator of the Person

A Conservator of the Person helps manage the daily living needs and medical decisions of the Conservatee, including:

• Arranging medical care
• Determining living arrangements
• Ensuring proper nutrition and personal care
• Coordinating services for the Conservatee’s well-being

Conservator of the Estate

A Conservator of the Estate manages the financial affairs of the Conservatee, including:

• Managing bank accounts and investments
• Paying bills and expenses
• Protecting assets and property
• Filing financial accountings with the court

In some cases, the same individual may serve as Conservator of both the Person and the Estate. The court determines which conservatorship powers are necessary and appropriate.

When Should a Conservatorship Be Considered?

A conservatorship may be appropriate when an adult lacks the mental capacity to:

• Give informed consent to medical treatment
• Manage financial affairs
• Enter into contracts
• Protect themselves from financial exploitation or undue influence

A conservatorship may be necessary for loved ones who have a form of advanced dementia, Alzheimer’s, catastrophic and severe brain injuries, or other conditions that prevent them from mentally handling their estate or their own care. In these circumstances, a conservatorship can help protect the health, safety, and financial stability of the vulnerable individual.

Our attorneys help families evaluate whether a conservatorship is appropriate and guide them through the legal process required to obtain court approval.

How Conservatorships Protect Elderly Loved Ones From Financial Abuse in Torrance

Conservatorships, when they are properly used, can provide protection for elderly individuals who cannot manage their own affairs. Protecting someone from financial abuse is a key use of conservatorships.

Elderly loved ones who don’t have the mental capacity to manage their affairs can face predatory financial tactics and abuse by family members, caregivers, and even neighbors. A conservatorship can put financial accounts under your control, helping you safeguard your loved one’s assets.

How to Become a Conservator in California

A person becomes a Conservator only after being appointed by the court. The process generally involves:

1. Filing a Petition for Conservatorship in the Probate Court
2. Providing notice to relatives and interested parties
3. Investigation by a court investigator
4. A court hearing to determine whether the conservatorship is appropriate
5. Potential contest of the appointment, requiring settlement, mediation, or trial

If appointed, the Conservator becomes a fiduciary, meaning they must act in the interests of the Conservatee and comply with duties imposed by the California Probate Code. How you navigate those duties as a Conservator is set out in the Conservatorship Handbook. The Conservatorship Handbook is a guide to accounting, requesting conservator fees, and reimbursement for costs, including other topics.

Our firm assists clients throughout every step of the conservatorship process, including:

• Preparing and filing conservatorship petitions
• Obtaining required fiduciary bonds
• Advising conservators regarding their legal responsibilities
• Preparing required court accountings and reports

Legal guidance through the process helps you avoid mistakes and can lessen stress and uncertainty.

Conservator Duties and Court Reporting Requirements

Conservators must regularly report to the court regarding the care and finances of the Conservatee. These responsibilities often include:

• Filing periodic accountings of income and expenditures
• Reporting on the health and welfare of the Conservatee
• Seeking court approval for certain financial transactions
• Requesting authorization for major decisions, such as selling property

Accountings are typically required every one to three years, depending on the court’s instructions.

Our attorneys assist conservators in preparing accurate accountings and court filings to help maintain compliance with probate court requirements.

Conservatorship Litigation and Disputes

While many conservatorships are cooperative family matters, disputes sometimes arise among family members or interested parties.

Our Managing Partner, Christina M. Herman, is a probate litigator who represents clients in contested conservatorship matters involving:

• Challenges to the appointment of a conservator
• Disputes between family members
• Allegations of financial misconduct
• Petitions to remove or replace a conservator

Whenever possible, we work to encourage cooperation and resolution among family members. However, when necessary, we are prepared to advocate aggressively for our clients through trial and appeals.

Determining Legal Capacity Under California Law

Under California law, adults are presumed to have the capacity to make their own decisions unless proven otherwise. In conservatorship proceedings, the court must evaluate evidence to determine whether the individual lacks capacity.

Relevant evidence may include:

• The person’s awareness of their surroundings
• Ability to recognize family and friends
• Memory and concentration abilities
• Ability to communicate effectively
• Logical reasoning and judgment
• Presence of hallucinations or delusions

These evaluations help the court determine whether a conservatorship is necessary to protect the individual. Most often, experts are required for these determinations, including primary care physicians and neurologists with experience in diagnosing and treating dementia.

Estate Planning to Avoid a Conservatorship

Conservatorships are necessary when a loved one fails to plan for incapacity, and you have to get those powers from the court. Helping your loved ones create an estate plan and creating one yourself limits the need for conservatorships and a complex court process for you and your loved ones. Some useful tools in an estate plan include:

• Powers of attorney, which allow you to name a person or different people who are in charge of legal, financial, and medical decisions if you become incapacitated
• An advance healthcare directive, where you can list your preferences for medical care if you are unable to state those wishes
• A trust, which puts a trustee in charge of your assets and estate and outlines how those assets can be used

An attorney can help you create a comprehensive estate plan that addresses these and other needs. If these plans are not in place, then a conservatorship may be necessary to protect a loved one, and you can hire a conservatorships attorney to help with this process.

Hire a Conservatorships Attorney Serving Torrance, the South Bay & Los Angeles

Our firm represents clients throughout:

• Torrance Rolling Hills Estates
• Redondo Beach
• Manhattan Beach
• Hermosa Beach
• Palos Verdes Estates
• San Pedro
• Long Beach
• Los Angeles County
• Orange County

We regularly appear in the Los Angeles County Probate Court and the Orange County Probate Court in matters involving conservatorships, probate estates, and trust litigation. The nearest Los Angeles County Probate Court to Torrance is the Stanley Mosk Courthouse, and the Orange County Probate Court is located in the Lamoreaux Justice Center.

Speak With a Conservatorships Attorney

If you believe a loved one may need protection through a California conservatorship, or if you have been asked to serve as a Conservator, experienced legal guidance can help handle the process properly.

Our attorneys assist families and fiduciaries in navigating the conservatorship process while protecting the interests of the individual involved.

If you are considering establishing a conservatorship or have questions about your responsibilities as a conservator, our attorneys can help you understand your legal options.

We represent clients throughout Torrance, the South Bay, Los Angeles County, and Orange County in conservatorship matters. Contact us to schedule an initial consultation today.