Palos Verdes Contested Conservatorship Litigation Lawyers

Palos Verdes Contested Conservatorship Litigation Lawyers for Families That Cannot Agree

When your family cannot agree on who should make decisions for a parent or spouse who can no longer manage alone, the bills and care choices keep coming. You need to know where you stand, what has to be proven before anyone controls your loved one’s money or medical care, and what to do first.

Wickers, Wickers & Admans LLP, based at 2790 Skypark Drive, Suite 209 in Torrance, represents families as Palos Verdes contested conservatorship litigation lawyers throughout the South Bay. Christina M. Wickers Herman, practicing since 2012, has served as court-appointed counsel for people facing conservatorships in Los Angeles Superior Court since 2018.

We know how the court tests capacity from the side of the person at the center of the case, so we build your evidence around those questions from day one. Use our contact form to tell us which side of the dispute you are on, and we will map out what to gather before anyone sets a hearing date.

Palos Verdes Conservatorship Disputes We Take to Court

As contested conservatorship lawyers in Palos Verdes, we see these disputes start in several ways. We represent families in each of these:

• Challenging an appointment: We object when a relative asks for control and the evidence does not support it.
• Competing petitions: We argue for our client when 2 relatives each ask to serve as conservator.
• Disputes over need: We oppose a conservatorship when a loved one still makes sound decisions.
• Misconduct claims: We bring or defend accusations of mishandled money, including undue influence and financial abuse.
• Removal and replacement: We ask the court to remove a conservator who is not doing the job, or defend one who is.

Not sure which one fits your family? We sort that out in the first consultation.

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What a Contested Conservatorship Can Cost a Palos Verdes Family

California does not hand out conservatorships on a hunch. A judge must find by clear and convincing evidence that your loved one cannot meet basic needs like food and shelter, or cannot manage money and resist fraud or undue influence (Prob. Code § 1801). A single bad month does not meet that bar, which means the side with documented proof usually has the advantage.

In Palos Verdes, the dispute often centers on a home the family has owned for decades. Whoever holds control can ask the court to approve a sale, a rental, or a refinance, so the question of who serves is also a question of who controls the house. While relatives argue, accounts stay exposed. Who pays the caregiver this month? Who answers the bank?

A conservator can be removed for failing to use ordinary care with the estate or for missing required accountings (Prob. Code § 2650). One removed for cause can also be ordered to cover the petitioner’s legal costs. A lawyer who builds the record early decides which side carries that risk.

How Our Palos Verdes Contested Conservatorship Attorneys Take a Dispute From Objection to Trial

Here are the 5 steps we follow in a contested case, from the first read of the petition to a final order.

1. We read the petition and the court investigator’s report first, because both show what the judge will see before anyone speaks.
2. We collect capacity evidence, starting with treating physician and neurologist records, since capacity disputes usually turn on medical proof.
3. We read the probate notes that the Los Angeles court posts before hearings, so we can answer the gaps the judge flags in writing.
4. We raise mediation once both sides have the facts, because a settled order can spare your family the cost and strain of a trial.
5. We try the case when settlement fails, and we handle the appeal if the ruling needs one.

Christina M. Wickers Herman, practicing since 2012, and Alexandra L. Admans, practicing since 2013, are the partners who work together to litigate these cases.

Where Palos Verdes Conservatorship Hearings Take Place

Conservatorship cases for Palos Verdes families are usually heard in probate courtrooms at the Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, CA 90012. That covers Palos Verdes Estates, Palos Verdes Peninsula, Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates.

Downtown is a drive away from Palos Verdes, so we check each department’s rules on remote appearances before every hearing and tell you in advance when you need to be there. Long probate trials can be moved to a separate trial courtroom, so we confirm the building and department for every date.

Conservatorship Litigation Questions From Palos Verdes Families

What happens after a relative objects to a conservatorship?

A court investigator interviews your loved one and reports to the judge. The judge can then set the dispute for a contested hearing, and both sides exchange evidence before trial. We build your response as soon as an objection is on file.

How strong does our evidence need to be?

The court needs clear and convincing evidence, which is a higher standard than simply being more likely than not. Medical records, witness statements, and a documented pattern of problems carry more weight than one bad incident.

Do I have to appear downtown for every hearing?

Hearings usually take place at the Stanley Mosk Courthouse, and all departments allow remote appearances. We check the rules for your department and tell you when you must be there in person.

Does it matter which city my parent lives in, such as Rolling Hills or Rancho Palos Verdes?

No. Palos Verdes Estates, Palos Verdes Peninsula, Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates are all in Los Angeles County, so the same probate court hears the case. If your parent has moved to a care facility elsewhere, tell us at the first consultation, because that can change which court has the case.

Can the court remove a conservator my family is unhappy with?

Yes, if there is cause, such as mismanaged money or missed accountings. We file the removal petition and pull the account records that show the problem.

Can a contested case settle before trial?

Yes. Mediation is available at any stage, and a signed agreement that the judge approves ends the dispute with a court order behind it. We raise settlement when both sides have enough facts to discuss real terms.

Why does a contested conservatorship cost more than a routine one?

Medical experts, document requests, depositions, and trial days all add work that an uncontested petition never needs. We explain how fees work during the consultation, before you decide to hire us.

Bring your own questions to a confidential consultation, and we will answer them against the facts of your family’s case.

Speak With a Palos Verdes Contested Conservatorship Lawyer Before the Hearing Date Is Set

Once a relative files, response deadlines start running, and every week without a plan leaves your loved one’s money and care with whoever moves first. You do not have to sort out the next step alone.

Send us a note through our contact form, and we can talk through where things stand and what your options are.

Call today for clarity before conflict: (310) 540-2520