Conservatorships
When an adult is no longer able to care for themselves or manage their finances, families are often left with difficult questions: Who will step in to help? What does the law allow? How do we make sure this is handled correctly?
At Peck Firm PC, we guide clients through the California conservatorship process with clarity, respect, and legal experience. Whether you're trying to protect a loved one or challenging a conservatorship you believe is no longer necessary—or never should have been granted—we help you take the right next step.
What Is a Conservatorship?
In California, a conservatorship is a legal arrangement where a court appoints a responsible adult (the conservator) to manage the personal or financial affairs of someone who can no longer do so on their own (the conservatee). This often applies to aging parents, adults with cognitive decline, or individuals with disabilities. There are two main types:
Conservatorship of the Person: Covers personal decisions such as medical care, housing, and daily needs
Conservatorship of the Estate: Covers financial matters like paying bills, managing investments, and protecting property
For example, if your elderly father in Encinitas has been missing appointments, forgetting to pay bills, or is showing signs of memory loss, you may need to petition the court to appoint a conservator.
On the other hand, if a relative in Chula Vista has taken control of your mother’s finances and you believe it’s unnecessary or being misused, you may need to contest the conservatorship or request changes.
When Is a Conservatorship Necessary?
Not every situation calls for a formal conservatorship. But when there’s no power of attorney in place - or when the person in question can no longer make informed decisions or is being financially exploited - a conservatorship may be the most effective way to protect them. Here are some common signs that a conservatorship may be appropriate:
- Sudden confusion or decline in memory
- Missed mortgage or bill payments
- Vulnerability to scams or financial abuse
- Self-neglect or lack of basic hygiene
- Ongoing medical issues without consistent care
- Family disputes over who should be in charge
If your great-aunt in Del Mar is living alone but has started giving large sums of money to a new “friend,” or you’re concerned your brother in Carlsbad is managing your mother’s assets without oversight, it's important to understand your legal options before things escalate.
Contesting or Modifying a Conservatorship
Sometimes, conservatorships are contested—either because they’re no longer necessary, were obtained under questionable circumstances, or the conservator is not acting in the conservatee’s best interest.
- Peck Firm PC helps family members and other interested parties:
- Contest conservatorships that were improperly granted
- Replace conservators who are mismanaging funds or acting unfairly
- Terminate conservatorships when a person regains capacity
- Navigate disputes between siblings or relatives over who should serve
These cases require careful legal planning and often involve both emotional and factual complexity. We’ll help you understand the legal grounds for action and develop a practical strategy to protect your loved one and their assets.
Our Approach to Conservatorship Matters
Every conservatorship case is personal, and that’s how we treat it. We work directly with clients to understand their concerns and determine whether legal intervention is appropriate. Attorney Robert Peck handles every case personally, offering steady guidance and honest feedback at each stage of the process. We focus on:
- Crafting legally sound petitions and objections
- Gathering and presenting the right evidence
- Coordinating with medical providers, accountants, and other professionals as needed
- Seeking resolutions that are in the best interest of all involved
Serving San Diego Families with Care and Experience
Our office is based in San Diego, but we regularly serve clients throughout Southern California, including La Jolla, Del Mar, Carlsbad, Encinitas, and Chula Vista. Many of our clients live elsewhere but are managing conservatorship issues involving loved ones in this region.
If you're trying to protect a parent, challenge a conservatorship, or simply figure out whether one is needed, we can help you take the next step with confidence.
Speak with a San Diego Conservatorship Lawyer Who Can Help You Make the Right Call
Conservatorship matters are deeply personal—and legally complex. We’re here to help you understand your options and act with purpose, whether you're seeking, contesting, or modifying a conservatorship.