Conservatorship laws in San Diego County, California, help protect people who are unable to take care of themselves or manage their financial affairs. A San Marcos conservatorship law firm is here to help. Whether you are facing a conservatorship or trying to create one to protect a loved one, we are here to provide legal guidance and direction.

When you hire a conservatorship lawyer, you get support from a qualified legal professional to help you fill out the correct forms, create care plans, and safeguard your rights in court when necessary. Paul V.L. Campo Attorney at Law takes the time to help you understand the law and how it impacts your conservatorship case.

When Is a Conservatorship Necessary?

Conservatorships typically begin with a family crisis, an arrest, or a financial loss. It may take a severe event for family members to become aware of a problem. Spotting dementia or serious cognitive decline isn’t easy until something adverse occurs to draw the family’s attention. Some people with dementia or Alzheimer’s often lose employment and become homeless.

Signs a conservatorship is needed include: 

• Severe cognitive decline, such as short-term memory loss
• Failure to manage financial affairs
• Mental illness or disability that prevents a person from being able to take care of themselves
• Incapacity makes them at high risk of abuse or exploitation

Understanding Conservatorship Laws in California

Conservatorship is when a court appoints a person or a group of persons as a conservator for another person. Conservators, whether sole (single person) or joint (group of persons), have complete authority for managing the personal care and finances for an incapacitated adult. Conservatorships occur when a person becomes incapacitated from disease, addiction, or physical disability and has no valid advance directive, like a Power of Attorney (POA).

Conservatorships can be exclusive to decision-making regarding the person’s daily life and medical care, or they can be estate-based to manage financial matters. An LPS conservatorship (Lanterman-Petris-Short) or mental health conservatorship is created for adults with serious mental illness, disability, or who are a danger to themselves. San Diego County reported there were 3,090 total LPS holds in the first quarter of 2025.

San Diego County has modernized conservatorship laws to ensure accountability for caring for conservatees and protecting them from abuse or financial harm.

California law changes require conservators to file a care plan within 120 days of appointment and 10 days prior to a conservatorship continuation or termination hearing to increase accountability and the quality of care. Conservators must document and provide records indicating how the conservatee’s daily care and medical needs are met, financial management records, and plans for social engagement and mental health wellness.

In 2025, SB43 also changed conservatorship laws in California to include people who are unable to provide for their own personal safety or necessary medical care, food, clothing, or shelter due to substance abuse or serious mental health illnesses like dementia and Alzheimer’s.

When to Hire a Conservatorship Lawyer

Conservatorship is considered a last resort for those who can no longer care for themselves effectively. It’s intended to break the cycle of repeated crises, starting with arrest, imprisonment, hospitalization, and homelessness. It may be time to hire a conservatorship lawyer when you have a loved one who can no longer take care of themselves or their finances.

Becoming a conservator of another individual is not a small legal matter. California conservatorship laws are complex, and you want to file the correct forms on time and pay the required fees to avoid delays. Having an experienced conservatorship attorney can help you prepare care plans, and they can attend continuation and termination hearings with you to represent you as an ethical and responsible conservator.

About Us

Paul V.L. Campo Attorney at Law, has 30 years of experience in California law. Paul dedicates his career to helping clients create conservatorships that work for them and the person in their care. Paul takes the time to listen closely to you and your loved one’s needs and provides thoughtful, constructive legal guidance on how to manage a conservatorship.

FAQs

Q: How Much Does a Conservatorship Cost in California?

A: The cost of creating a conservatorship for an adult in California is impacted by the size of the person’s estate and whether the person seeking conservatorship is also going to assist the person with everyday decisions, housing, and healthcare. The conservatorship attorneys or law firms you consult with have unique costs and payment plans available. Discuss their fees during your initial consultation to avoid surprises.

Q: What Are Common Problems With Conservatorships?

A: Common problems with conservatorships include the potential for financial abuse, conservator neglect, or simply having the ability to take control over another adult’s life without that person being legally represented.

Conservatorships are meant to ensure the health and well-being of adults who are unable to make decisions, manage daily activities, personal care, or financial matters. However, some conservatorships have resulted in asset theft. Assets are used or reduced without need, or asset retention is prioritized over proper care.

Q: Is It Hard to Get Sole Conservatorship in San Marcos, California?

A: Yes, it is hard to get a sole conservatorship in San Marcos, California. The state now requires (since January 1, 2025) that any conservator file a care plan within 120 days of appointment and 10 days prior to a continuation or termination hearing. The intent is to enforce accountability and ensure a conservatee receives the appropriate daily care, medical attention, and social engagement necessary.

Q: Which Is Better, a Conservatorship or a Power of Attorney?

A: A Power of Attorney (POA) is considered better than having a conservatorship. A POA is a legal document created prior to a person’s incapacity, where they name or choose a person to manage their finances and healthcare. A conservatorship is a court-ordered process when someone loses capacity and doesn’t have a POA. Essentially, the person’s care is left up to the court rather than their own choice.

Find a San Marcos Conservatorship Attorney

At Paul V.L. Campo Attorney at Law, our law firm advocates for you. Whether you are seeking a conservatorship for a loved one or are the intended conservatee, we are here to help represent your legal rights and interests. Our legal team is committed to standing by your side every step of the way, including filing forms, developing care plans, and attending hearings. Contact us to schedule a consultation to get started.