Conservatorships
We represent clients to establish, terminate or modify conservatorships.
Table of Contents
What is a Conservatorship?
A conservator is someone who is appointed by the court to manage the finances or personal care of someone who is found by a court to be no longer able to do so themselves.
For example, people with Alzheimer's or other neurological conditions or illnesses may get to a point where their judgment is impaired, they have no executive functioning ability, and simply can’t manage their day to day life.
In the case someone is unable to manage their financial affairs, provide for their own food, clothing, medical care, etc. and they meet the criteria under the law, a conservator can be appointed by the court. The conservator is like a guardian, but for an adult.
The conservatorship is supervised closely by the court for the length of the conservatorship.
Limited Conservatorships: We can also help you determine if a limited conservatorship may be the right option for your situation. This may be appropriate for an individual with developmental disabilities, such as someone diagnosed with autism at a young age. This can be highly customized to suit the family’s needs, and can be a path to support a child while letting them grow and be as independent as possible.
Attorney’s Role in Conservatorships
Our attorneys can represent the conservator, conservatee, or third party
Representing the person petitioning for conservatorship (person seeking conservatorship)
Example: wife petitioning for conservatorship over husband who has dementia
Representing the proposed conservatee (person over whom a conservatorship is being sought)
Example: representing the husband in that situation, especially if he objects to it or if someone has filed a competing petition
Representing another interested party in the outcome of the conservatorship proceeding
Example: an adult child who wants to be a party to the proceeding, and maybe wants their own petition brought, or has concerns about the wife/mother/stepmother being the petitioner
Advise through tough decisions
Conservatorships involve a lot of tough decisions. Involving an attorney can help make those decisions a bit easier. We understand the legal requirements, so we can be a sounding board and also offer practical suggestions. We know the local landscape, and can connect you to regional centers for support and services. You may also need or want a professional conservator, and we can help you to find someone you are comfortable with.
As your attorney, we will help you work through the inevitable challenges in this complicated process.
Many firms don’t like to take on conservatorship cases due to their complexity. Here at KFS Law, we have attorneys who have experience in this area and are known in the Bay Area for handling these cases.
Ensuring compliance
At Kato, Feder & Suzuki we make sure that you understand what the law requires of you in a conservatorship. We provide advice of counsel to make sure the conservatorship is being administered properly, and is in line with statutes governing conservatorships.
For example, if you are managing money for a child you would need to identify everything that belongs to the child, do accounting, know that there are investments you can make and investments you can’t make without court supervision, and you have to file reports with the court periodically. We help keep you in compliance.
Get Started
Call our office at (415) 974-5715 or email info@kfslaw.net to get started.
Our experienced attorneys who work on conservatorships:
Brent R. Kato, Senior Counsel
Bruce A. Feder, Partner
Rowena C. Navia, Partner
Lori T. Suzuki, Partner
Marta C. Eisenberg, Associate Attorney
Melanie J. Emmons, Associate Attorney
Kristina Lam, Associate Attorney