At The Estate Lawyers, APC, our conservatorship attorneys help Fresno families act when a parent is being isolated, pressured, or financially exploited. If visits are being blocked, money is leaving accounts, or a deed suddenly changed hands, you are not overreacting.
Since July 2005, our Super Lawyers® recognized team, led by board-certified specialists, has brought more than 150 years of combined litigation experience to trust, probate, and elder law disputes.
A conservatorship is a court order that gives a trusted person legal authority to protect an adult who can no longer protect themselves. A conservatorship of the person covers care and living decisions. A conservatorship of the estate covers money and property.
Timing matters when money is moving. Under California Probate Code sections 1822 and 2250, a temporary conservatorship hearing can proceed with as little as five court days’ notice, while a general conservatorship requires at least 15 days.
That shorter window lets us ask the court for immediate protection, then build the medical opinion, financial records, and witness accounts a judge needs. The goal is to protect your parent’s safety and dignity while keeping their real wishes at the center.
Why Fresno Clients Choose The Estate Lawyers
Board-Certified Specialists Lead The Team
Board-certified specialists direct each case. Every attorney has 7 to 10-plus years focused on trust and estate litigation, not routine paperwork.
150+ Years Of Combined Litigation Experience
Our team brings more than 150 combined years in trust, probate, and elder law disputes. Undue influence, meaning pressure that overrides your parent’s own choices, is familiar ground for us.
Evidence Built For The Courtroom
We gather what a judge looks for: a physician’s capacity declaration, bank and deed records, and witness accounts. You do not need a complete file before we start.
Peer-Recognized By Super Lawyers®
Our attorneys are recognized by Super Lawyers®, a peer-nominated, research-driven rating, and are listed and rated on AVVO.
Experience In Front Of Probate Judges
We have established rapport with judges across Southern California probate and civil courts. That courtroom experience comes with a local probate team that walks you through each step in Fresno County Superior Court’s probate division.
What Our Clients Say About The Estate Lawyers, APC
“They answered all my questions and explained different scenarios in easy-to-understand language.” Patricia P.
“Amy and Michelle are some of the most caring and compassionate people you will meet.” Daniel R.
“They let nothing fall through the cracks and follow up in a timely manner.” Jennifer Gómez
“Justin is incredibly knowledgeable, professional, and responsive, and he genuinely cares about his clients.” Tony T.
“They explained every part of the process clearly.” Ashleigh K.
How Does The Conservatorship Process Work In Fresno County Superior Court?
A family member files a petition in the probate division of Fresno County Superior Court. Your parent receives formal notice, a court investigator meets with them, and a judge decides at a hearing. A conservatorship can cover the person, the estate, or both.
Temporary conservatorship (Probate Code section 2250): short-term protection for urgent risk, with shortened notice and a hearing that can happen within days.
General conservatorship (Probate Code sections 1800 and following): long-term authority requiring at least 15 days’ notice to your parent and close relatives, an investigator’s report, and a capacity declaration, which is a doctor’s written opinion on your parent’s ability to make decisions.
After the hearing, the judge signs an order, may require a bond for the estate, and issues Letters of Conservatorship. Banks and care facilities rely on these Letters to authorize the conservator to act, including stopping money from being drained from your parent’s accounts. Timing depends on the court’s calendar and whether anyone objects.
Two separate tracks also exist. LPS conservatorships for serious mental illness run through the county, and limited conservatorships serve adults with developmental disabilities.
Our Conservatorship Services In Fresno
- Conservatorship petitions
- Temporary conservatorship requests
- Conservator of the person
- Conservator of the estate
- Capacity declaration coordination
- Court investigator preparation
- Contested conservatorship hearings
- Conservator bond and Letters
- Inventories and accountings
Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes
Contact UsCan A Conservatorship Be Set Up Quickly If My Parent Is In Immediate Danger Or Being Financially Exploited?
Yes. California lets a judge appoint a temporary conservator when your parent or their money needs protection before the full hearing. The petition must show specific facts about the immediate risk, such as missed medical care, blocked visits, or accounts being drained.
Temporary orders are narrow. They cover only what is urgent, such as stopping transfers or arranging care, and last until the judge rules on the general petition. You can also report suspected abuse to Fresno County Adult Protective Services or the police while the court case moves forward.
What usually slows an urgent case in Fresno County Superior Court’s probate division:
- Missing facts or forms, which trigger probate examiner notes that must be corrected.
- A weak or missing capacity declaration, the doctor’s statement about your parent’s ability to make decisions.
- Late or defective notice to relatives who must be told.
- Family objections, competing nominees for conservator, or a contested hearing.
- Your parent’s right to oppose and to a court-appointed lawyer under Probate Code §1471.
- Waiting on the court investigator’s report, or gaps in asset records needed to set bond.
How Is An LPS Conservatorship For Serious Mental Illness Different From A Regular Probate Conservatorship?
An LPS conservatorship covers adults who are gravely disabled by a serious mental health disorder. A probate conservatorship covers adults who cannot manage their care or money because of dementia, memory loss, or another incapacity. They differ in who starts the case, what the court must find, and what powers the conservator receives.
- LPS (named for the Lanterman-Petris-Short Act) usually starts inside the county mental health system, often after a psychiatric hold, not with a family petition.
- LPS lasts one year and must be renewed. It can authorize involuntary psychiatric treatment and placement in a locked facility, and in Fresno County the Public Guardian often serves as conservator.
- A probate conservatorship is filed by a family member or other interested person in the probate division of Fresno County Superior Court, in the county where your parent lives.
- Probate cases use Judicial Council forms, including the GC-310 petition and, when dementia powers are requested, a GC-335 capacity declaration from a physician. A court investigator then visits your parent.
How We Work In Fresno For Conservatorship Cases
1. Case Review and the Right Petition
You tell us what you are seeing, from blocked visits to unexplained withdrawals. We decide together whether to file for a temporary conservatorship first or go straight to a general one, and whether it should cover care and living decisions, money and property, or both.
2. Gathering Capacity Evidence
A judge needs a doctor’s capacity declaration, a sworn medical opinion about your parent’s ability to decide. We work with physicians and pull bank records, APS reports, and witness accounts.
3. Filing the Petition and Giving Notice
We file in the probate division of Fresno County Superior Court and serve required notice on your parent and close relatives. A power of attorney held by someone else does not block this filing.
4. Court Investigator and Probate Examiner Preparation
A court investigator, a neutral county officer, will interview your parent, and a probate examiner reviews the filings. We prepare you and the paperwork for both.
5. Hearing Representation
We present the evidence and respond to any family member who objects. The goal is protection that respects your parent’s dignity and real wishes.
6. Duties After Appointment
We guide the conservator through the bond, Letters of Conservatorship, the inventory, and ongoing court accountings.
Frequently Asked Questions About Conservatorships in Fresno
My Dad Has Dementia And A New Caregiver Is Handling His Mail And Bank Accounts. Can I Ask Fresno County Superior Court For A Temporary Conservatorship Right Away?
Yes. A temporary conservatorship can be filed alongside the general petition when there is an urgent risk, such as unexplained withdrawals or a recent deed transfer. Notice usually goes out at least five court days before the hearing, and a judge can shorten that time for good cause.
My Brother Already Has Power Of Attorney For Mom. Does That Stop Me From Petitioning For Conservatorship?
No. A power of attorney does not block the court from stepping in when there is abuse or lost capacity. A judge can appoint a conservator and limit or revoke the agent’s authority. Bank statements showing how the agent used that power are often key evidence.
What Is The Difference Between Conservatorship Of The Person And Of The Estate When A Parent Is Being Isolated And Losing Money?
Conservatorship of the person covers care and living decisions, including who can visit. Conservatorship of the estate covers money and property. When isolation and financial abuse happen together, one petition can ask for both.
Who Is The Court Investigator, And What Happens When They Meet My Parent Before The Hearing?
The court investigator is a neutral court staff member who meets your parent in person, explains the petition, and asks whether they agree or want their own lawyer. The investigator may also speak with relatives, then reports to the judge. We prepare families for this visit so the facts come across clearly.
How Long Does It Take To Get A Conservator Appointed In Fresno County If A Sibling Contests It?
An uncontested case often takes a few months. A contest adds objections, records requests, and possibly a trial, which stretches the timeline. A temporary conservatorship can protect your parent while the case moves forward.
What Happens If The Person Appointed Conservator Starts Misusing My Parent’s Money?
A conservator of the estate must file an inventory within 90 days and regular accountings that the court reviews. Family members can object, ask the court to remove the conservator, and seek repayment for fiduciary misconduct. We litigate these disputes in probate court.
Can My Parent Or Another Relative Ask The Court To End Or Change A Conservatorship Later?
Yes. The conservatee, the conservator, or a relative can petition to end the conservatorship or replace the conservator. The court also schedules periodic reviews to confirm the arrangement is still needed.
Local Resources In Fresno For Conservatorships
- Fresno County Superior Court
Handles probate and guardianship filings, including petitions to establish a conservatorship.
- Fresno County Probate Court
The division of the superior court that oversees the appointment and oversight of conservators.
- Fresno County Clerk-Recorder’s Office
Maintains official public records, including filings related to estates and legal appointments.
- Fresno County Department of Social Services
Provides adult protective and social support services for vulnerable residents who may need a conservator.
- Fresno County Behavioral Health
Offers mental health crisis and ongoing psychiatric services relevant to LPS conservatorship proceedings.
- Fresno County In-Home Supportive Services
Coordinates in-home care for elderly and disabled adults, often intersecting with conservatorship planning.
- Fresno County Adult Protective Services
Investigates abuse and neglect of vulnerable adults and may refer cases requiring legal protective action.
- Area Agency on Aging, Fresno and Madera Counties
Coordinates community-based services and support programs for older adults and adults with disabilities.
Talk To A Fresno Conservatorship Attorney About Your Family’s Situation
If your parent is being isolated, money is leaving their accounts, or documents changed without explanation, call us to schedule a confidential case review. Tell us what you are seeing, even if your proof is still incomplete. We will explain whether a temporary conservatorship fits and what Fresno County Superior Court’s probate division will need to see.
You are not overreacting by asking. The goal of the first conversation is to give you clear options and a realistic timeline, so you can act before more of your parent’s savings, safety, or independence slips away.
Contact us today.