Conservatorship in San Jose

Integrated Counsel for Conservatorship & Estate Decisions

Conservatorship decisions often involve personal care, financial authority, and long-term estate concerns at the same time. Ferrari Ottoboni Caputo & Wunderling LLP represents families seeking authority to assist an adult relative who can no longer manage some or all of these responsibilities.

Founded in 1992, we provide individualized legal service through collaboration across trusts and estates, tax law, and real estate matters. We assess the proposed conservatee’s circumstances, the requested authority, and how a court appointment may affect existing estate arrangements.

Call (408) 606-2866 to discuss your family’s San Jose conservatorship matter and the legal steps that may apply.

Types of California Conservatorships

California conservatorship law begins at Probate Code section 1800. A conservatorship must be established through a court proceeding, and the appropriate proceeding depends on the adult’s circumstances and the type of assistance required.

A conservatorship concerns an adult who can’t independently manage personal care, financial matters, or both. Guardianship, by contrast, concerns the care or property of a minor.

The principal conservatorship categories include:

• General Probate Conservatorship: This proceeding may apply when an adult can’t care for themselves for a reason other than a developmental disability, including dementia.
• Limited Conservatorship: This option is designed for an adult with a developmental disability. The conservator receives only the specific powers granted by the court.
• LPS Conservatorship: A Lanterman-Petris-Short conservatorship is separate from proceedings under the Probate Code and concerns an adult who’s gravely disabled due to mental illness. Family members in Santa Clara County can’t initiate this proceeding directly.

Conservator of the Person vs. Conservator of the Estate

A conservator of the person cares for and protects an adult whom the judge determines can’t do so independently. A conservator of the estate manages financial matters, which may include collecting income and paying bills. Appointment to one role doesn’t automatically grant authority to perform the other.

The court order defines the conservator’s powers. This distinction is particularly important in a limited conservatorship, where the petition must identify each requested power and the judge decides which powers to grant.

Without specific court authorization, a limited conservator doesn’t automatically control decisions involving:

• The adult’s residence
• Access to confidential records
• Marriage or domestic partnership
• Contracts
• Medical consent
• Social and sexual relationships
• Education

We prepare petitions and supporting documents that identify the requested authority. We also explain how personal-care authority differs from control over assets, income, and other estate matters.

Who May Serve As Conservator in Santa Clara County?

California law establishes an order of preference that generally proceeds from a spouse to an adult child, parent, sibling, another person permitted by law, and then the Public Guardian. Preference doesn’t guarantee appointment. The court evaluates whether the proposed conservator is suitable for the role.

When no relative or friend is willing or suitable, the Santa Clara County Office of the Public Guardian may be appointed conservator of the person, conservator of the estate, or both. The Public Guardian investigates these matters and may serve adults the court finds incapable of caring for themselves. Its fees are based on the individual’s ability to pay.

The Santa Clara County Conservatorship Process

Conservatorship cases under the Probate Code are heard by the Probate Division of the Superior Court of California, County of Santa Clara. We begin with a consultation and assessment of the adult’s condition, the family’s concerns, and the powers that may need to be requested.

We then prepare the legal documents and represent the petitioner in court. After the petition is filed, the clerk typically sets a hearing about 10 weeks later because the Court Investigation Unit needs at least 10 weeks to investigate. Court schedules, filing issues, and the facts requiring investigation can affect timing.

The investigation and hearing allow the court to evaluate the need for a conservatorship, the requested authority, and the proposed conservator. If the court makes an appointment, we can provide post-order guidance on the resulting legal responsibilities and continuing oversight.

A limited conservatorship in Santa Clara County receives an investigator review one year after it’s established and every two years thereafter. A general conservatorship usually remains in effect until the court terminates it.

Our firm has handled more than 1,000 cases across trusts and estates, tax law, and real estate matters. Firm members have also been included in the California Super Lawyers® list. This experience informs our work with families whose conservatorship questions involve substantial assets or complex legal and financial arrangements.

Discuss Your Family’s Conservatorship Options

We can clarify which type of proceeding may apply, who may petition, and what authority should be requested. Share the circumstances involving your adult relative through our contact form.

Call (408) 606-2866 to speak with Ferrari Ottoboni Caputo & Wunderling LLP about a conservatorship in San Jose.