• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • Areas We Serve
      • Riverside County
        • Banning
        • Corona
        • Eastvale
        • Hemet
        • Menifee
        • Moreno Valley
        • Murrieta
        • Norco
        • Perris
        • Sun City
      • San Bernardino County
      • Orange County
      • Los Angeles County
      • San Diego County
    • Attorney and Staff Profiles
    • Our Reviews
    • Review Us
  • Elder Law
    • Conservatorships
    • Crisis Planning
    • Estate Planning for the Elderly and Chronically Ill
    • Planning for Long Term Medi-Cal
    • Planning for Veteran’s Aid and Attendance
  • Estate Planning
    • Advanced Estate Planning
      • Asset Protection Lawyer
      • Business Succession Planning
      • California Gun Trust
      • Charitable Planning & Philanthropy
      • Trustee Services
    • Estate Planning Service
    • LGBTQ+ Estate Planning
    • Married Couples Estate Planning
    • Persons with Large Retirement Accounts
    • Pet Planning
    • Special Needs Children
    • Special Needs Trusts
    • Trust Administration
    • Unmarried Couples Estate Planning
    • Unmarried Individuals Estate Planning
  • Probate
  • Will & Trust Contests
    • Conservatorship Contests
    • Probate Litigation
    • Tax Controversy and Tax Planning
    • Trust Litigation
    • Will Contests
  • Resources
    • Riverside, California Elder Law Resources
    • Docubank
    • Downloadable Handbooks
    • Elder Law
      • Elder Law Resources
    • Estate Planning, Elder Law and Tax Law Articles
    • Free Report – Able Account or Special Needs Trust
    • Free Report -Constructing Your Revocable Trust
    • Probate and Trust Administration
      • Bereavement Resources
    • Speaking Engagements
    • Useful Estate Planning, Elder Law and Tax Links
    • Webinars
  • Ask Dennis
  • Webinars
    • Webinar Recordings
    • Upcoming Webinars
  • Blog
  • Contact Us

Inland Empire Estate Planning Attorneys

Sandoval Legacy Group, a division of Holstrom, Block & Parke, a Professional Law Corporation

Connect with us today(855) 513-9876

Text Size A A A
LIVE WEBINARS REGISTER TODAY>>
Home » How Do I Become My Mother’s Conservator?

How Do I Become My Mother’s Conservator?

May 17, 2019conservatorship

Riverside conservatorshipFor an adult child, it can be heart-wrenching to watch a parent succumb to the physical and mental deterioration that often accompanies the aging process. If you find yourself in that position, and you have reached the point where you are genuinely concerned for your mother’s safety, it may be time to consider petitioning for conservatorship. If you are unfamiliar with the concept, a Riverside conservatorship lawyer explains what it means to become your mother’s conservator and how the process of petitioning for conservatorship works.

What Is a Conservatorship?

In California, if a court determines that an adult is unable to manage his or her affairs (finances, assets, and estate) and/or make decisions for himself or herself, the court will appoint a Conservator. California recognizes both a Conservatorship of the Person and a Conservatorship of the Estate. A Conservatorship of the Person is established when an adult is unable to care for his or her personal and health care needs, such as maintaining regular hygiene and taking prescribed medication. A Conservator of the Person will be responsible for protecting the adult and will have the authority to make personal decisions for the adult, such as where he or she will live. A Conservatorship of the Estate is established when an adult cannot handle financial matters. A Conservator is appointed to manage the adult’s income and pay bills and may have authority to do things such as sell property or encumber assets owned by the adult. The Conservator of the Person and Conservator of the Estate can be the same person or different ones.

How Do I Become My Mother’s Conservator?

Deciding to become your mother’s Conservator is never an easy decision to make.  Consulting with an experienced Riverside conservatorship lawyer is always a wise step to take before making the decision. If the attorney agrees that a Conservator is necessary, the first step in the process is to initiate the court process required to become your mother’s Conservator by preparing the necessary petition.

Your mother, as well as others entitled to notice of the petition (usually close family members), may object to the appointment of a conservator. In this event, the Probate Court will appoint an attorney to represent you mother and it is possible that either the conservatorship will be dismissed, a settlement can be sought through mediation, or a trial will occur to determine whether the conservatorship is necessary and who should serve as Conservator.

Because conservatorship is the most restrictive option, a court must review your petition and make a judicial determination that a Conservator is, indeed, necessary in order to protect your parent. The court will usually appoint an investigator whose job is to help the court decide if a conservator is necessary. To do that, the investigator will speak to your mother, if possible, and explain the petition. The investigator may also review medical records and/or speak to family members before preparing a report for the court. A hearing will eventually be scheduled at which time the court will allow you to present evidence and testimony supporting your request for the appointment of a conservator and allow anyone who objects to a conservator to present their evidence. After considering the petition and evidence presented at the hearing the court will decide if a conservator is warranted.

If it is decided that a conservator is needed, the court will then consider your request to become the Conservator. Courts typically look first to a close family member when a Conservator is needed, increasing the likelihood that your petition will be approved if everything is in order. If the court grants your petition, the court will explain the bounds of your authority over your parent and/or your parent’s estate based on what the court determines is necessary. You might be appointed to be the Conservator of the Person only, the Conservator of the Estate only, or both. In addition, the court can limit your authority as either type of conservator. Once appointed to be your mother’s conservator, you will remain under the court’s jurisdiction and be required to report to the court on a regular basis.

Contact a Riverside Conservatorship Attorney

If you have additional questions or concerns regarding the decision to pursue conservatorship over your mother, or about the process for becoming a conservator, contact the experienced Riverside conservatorship attorneys at Sandoval Legacy Group, A Professional Law Corporation by calling (951) 888-1460 to schedule an appointment.

Have a question? Ask Dennis.
















  • Author
  • Recent Posts
Dennis Sandoval
Dennis Sandoval
Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.
Dennis Sandoval
Latest posts by Dennis Sandoval (see all)
  • 5 Reasons to Hire a Lawyer to Help You Probate an Estate - June 23, 2021
  • How Do I Become My Father’s Guardian? - June 26, 2020
  • 5 Steps for an Executor to Take Control As Soon As Possible - June 26, 2020

Other Articles You May Find Useful

Riverside conservatorship attorney
How Do I Become My Father’s Guardian?
Southern California Estate Planning Attorneys
Riverside Elder Law Attorney Quoted in USA Today Dementia Article
elder abuse
Marvel Comics Creator Stan Lee May Be the Victim of Elder Financial Abuse
conservatorship attorneys
Is It Time to Consider Petitioning for Conservatorship of Dad?
Southern California Estate Planning Attorneys
Riverside Estate Planning Attorney Explains the Process of Conservatorship in California
Southern California Estate Planning Attorneys
Parkinson’s Awareness Day

About Dennis Sandoval

Dennis Sandoval is the only attorney in California who has certifications in the three areas of estate planning, elder law and taxation. In 2014, the National Academy of Elder Law Attorneys (NAELA) designated Dennis as a Fellow, an award given to less than 100 elder law attorneys across the United States. He received his Certified Estate Planning, Trust and Probate Law Specialist designation from the California Bar Board of Legal Specialization in 1998 and his Certified Taxation Law Specialist designation in 2000 from the same organization. He is a Certified Elder Law Attorney (CELA), a designation he proudly received in 2004 after meeting all the requirements established by the National Elder Law Foundation (NELF) and the American Bar Association. Dennis has also holds the designation as an Accredited Estate Planner® (AEP) from the National Association of Estate Planners and Councils.

VIEW RECORDED WEBINARS

“How To Create a Peace of Mind Out of Chaos” Recorded Wednesday, September 16 @ 11AM WATCH NOW

Inland Empire Estate Planning Attorney

Inland Empire Estate Planning Attorney

BLOG SUBSCRIPTION

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • YouTube

Where We Are

Sandoval Legacy Group, A Professional Law Corporation

See Larger Map Get Directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM

Friday by appointment only

Map

4300 Latham St., Riverside, CA 92501
SLG Riverside Office | 4300 Latham St., Riverside, CA 92501  •  Corona | 1897 California Ave., Ste. 102, Corona, CA 92881  •  Newport Beach | 4940 Campus Dr., Ste. A, Newport Beach, CA 92660  •  Temecula | 40810 County Center Drive, Ste. 150, Temecula, CA 92591  •  Riverside | 3780 12th Street, Riverside, CA 92501  •  San Diego | 3110 Camino Del Rio S., Ste. 308, San Diego, CA 92108  •  Vista | 380 S. Melrose Dr., Ste. 347, Vista, CA 92083

  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect To Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube
footer-logo

© 2023 Sandoval Legacy Group
A division of Holstrom, Block & Parke,
A Professional Law Corporation.
All Rights Reserved.