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Conservatorship Lawyer in San Diego

San Diego city, where conservatorship disputes are common

The Estate Lawyers, APC, founded in 2005, is a litigation-only firm that has more than 150 years of combined trial experience. We represent families in establishing conservatorships, contesting abusive ones, and seeking removal of conservators who mismanage assets. 

When a senior or vulnerable adult can no longer manage their daily affairs, finances, or medical decisions, families in San Diego often need to seek a conservatorship. 

According to the National Institutes of Health, only 1 in 14 elder abuse cases are reported, meaning thousands more go unseen. Working with a conservatorship lawyer can help families take swift legal action to protect vulnerable loved ones, secure control over finances or medical decisions, and prevent further exploitation. 

What Is a Conservatorship and Why It Matters in San Diego

A conservatorship is a court-ordered legal arrangement where a conservator is appointed to manage the personal and/or financial affairs of someone who cannot care for themselves.

In San Diego, petitions must be filed in the Probate Division of the Superior Court, and judges oversee both appointment and ongoing supervision.

Conservatorships are important because they protect elders and dependent adults from exploitation. But they are also among the most contested proceedings in probate court, often involving:

  • Disputes over capacity and medical evaluations from medical institutions such as UC San Diego Health or Scripps Health
  • Allegations of undue influence by relatives or caregivers
  • Removal of conservators accused of financial mismanagement or self-dealing

Our Conservatorship Services in San Diego

We offer the following services across San Diego: 

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Your Trusted Legal Partners in San Diego

The Estate Lawyers, APC is Southern California’s premier litigation law firm, dedicated exclusively to trust, probate, and elder law disputes. 

Founded in July 2005, our firm is led by a team with more than 150 years of combined courtroom experience. We do not draft wills or trusts, we litigate. 

Our practice is focused on protecting vulnerable adults, preserving estates, and holding fiduciaries accountable. In San Diego, we regularly appear in the Superior Court Probate Division, advocating for families in contested conservatorships, removal petitions, and elder abuse cases.

Trusted Conservatorship Lawyers for San Diego Families

Here’s why families across San Diego choose The Estate Lawyers, APC: 

Litigation-Only Focus: We exclusively handle probate, trust, and conservatorship disputes.

Attorney-Led Representation: Every client works directly with an experienced trial attorney, not junior associates.

Proven Trial Experience: Our team brings 150+ years of combined courtroom success in intricate estate and conservatorship cases.

Focused Strategy: A singular focus on litigation allows us to anticipate challenges and act swiftly when disputes arise.

Client-Centered Approach: We prioritize clear communication, accessibility, and a personalized plan for every client.

Local Experience: Deep knowledge of San Diego’s Probate Division and long-standing relationships with local professionals, investigators, and courts. 

Our Conservatorship Process in San Diego

Conservatorships in San Diego are handled by the Superior Court’s Probate Division. At The Estate Lawyers, APC, we guide families through each step with efficiency and care.

  • Case evaluation: Review of medical, financial, and family circumstances, with capacity assessments from UC San Diego Health and Scripps Health physicians when needed.
  • Petition filing: Preparation and filing of a Probate Code petition with the San Diego Superior Court.
  • Court investigation: The court may assign an investigator or involve Adult Protective Services to assess potential abuse or neglect.
  • Hearings: A probate judge reviews medical and testimonial evidence before granting or denying the conservatorship.
  • Oversight and reporting: Conservators must submit regular accountings and reports, often supported by local forensic accounting professionals.
  • Contested cases: We litigate disputes involving undue influence, competing petitions, or conservator misconduct. When necessary, we pursue immediate removal or replacement.

Common Contested Issues for Conservatorships

The most frequent disputes in the San Diego Probate Court involve:

  • Capacity challenges: family members disputing whether an elder truly needs a conservator.
  • Financial mismanagement: allegations that conservators misuse or misappropriate assets.
  • Undue influence: claims that a conservator or caregiver exerts improper control over a vulnerable adult.
  • Removal petitions: families requesting the court replace an unfit conservator.

With the median home price in San Diego near $940,000, real estate is often the most valuable and contested asset in conservatorship estates. Disputes over property sales, management, or inheritance distribution are common in probate hearings.

Local Resources We Work With

Conservatorship cases often involve coordination with trusted medical, legal, and community institutions throughout San Diego. We frequently work with:

  • San Diego Superior Court – Probate Division (Hall of Justice & Madge Bradley Courthouse)
  • Adult Protective Services (APS), San Diego County
  • UC San Diego Health
  • Scripps Health
  • CPA firms handling forensic accounting
  • San Diego Regional Chamber of Commerce

Protect Your Loved One Today

If you are facing a conservatorship dispute in San Diego, the sooner you act, the stronger your case.

Call The Estate Lawyers, APC or contact us online to schedule a confidential consultation at our San Diego office.

The Estate Lawyers, APC: Here to Guide, Here to Fight, Here for You.

Client Success Stories

Craig Robinson

a year ago

Amy, Michelle and their team are the best of the best. When it comes their field, they are the most qualified, diligent, responsive, empathetic as it gets for a law firm. I would not hesitate to send a family member or any person needing their services, and I could not be more confident in their team!

ICECHIPS5000

a year ago

I don’t trust 90 percent of attorneys forever. I trust Ryan. My issue has been going on for nine years. I finally have traction and intend to prevail. After a court action in the New Year I will hire Ryan for the new actions.

Kady Kley

a week ago

Brittany Guest is the best litigation paralegal in the business! I have had the pleasure of working with her on many cases. She is willing to bend over backwards for her firm and their clients!

Karsyn Construction

a week ago

I had the pleasure of working with Brittney Guest as she helped guide me through my unique and complicated situation. She was extremely thorough and was very quick to respond. I would highly recommend her.

ben ogo

5 months ago

One of the best decisions I made when it comes to my estate portfolio was hiring The Estate Law. The did an amazing and outstanding job, I am still amazed at the results and outcome of their diligence and outstanding deal! Great Job Amy and Michelle, I really appreciate your hardwork and effort!

Brian Robinson

3 months ago

When things aren’t going well, these are the people to turn to. Very strong litigators, and solid advocates for your estate and or probate matter controversies.

Sergio Men

2 years ago

Amy and her team are excellent. They formed the Special needs trust form my daughter and helped us with the administration of it during my daughter’s life. The law firm who we were dealing with the claim of the accident and who we are very grateful with, because of their humbleness and experience in accidents, they did what others firms didn’t even consider trying. After the accident case was settled, we needed a trust to receive the funds on behalf of my daughter and they try to set it up, but after a few hearing with the courthouse they just said, go see Amy, We did, and oh my goodness, they were able to set and get it approved in just one hearing. This is amazing for what I saw in the court room. Some cases NOT HANDLED by Amy, that I was able to hear during the several times we were in the court room with the accident attorney, some cases were already into 2 years and not resolved. When Amy took our case in her hands. Her staff was so professional that in the first try, the trust was approved by the court. In addition, they were very caring and supportive to us during the time of our relationship as client and attorney, and even though our relationship has ended after the passing of our daughter, I know that if in any case I need someone who I can fully trust blindly this is Amy and her team. If you are looking for fast, reliable and a accurate results look no more, Amy and associates is who you are looking for.

Sincerely

Sergio Mendoza

Janet Taylor

2 years ago

I am writing to commend Lauren for the excellent customer service she provided to me. The self-initiative she showed and the prompt, considerate follow-up communications through-out the process were greatly appreciated. She represents an asset to your team and deserves recognition for her professionalism.

Daniel Rodriguez

10 months ago

This is a firm with top-notch litigators. I have personally met Amy Gostanian and Michelle Bartolic. Amy and Michelle are some of the best legal minds I have worked with. Aside from being excellent attorneys, Amy and Michelle are some of the most caring and compassionate people you will meet.

Kylee Modoc

5 years ago

Joe Patton has been a terrific estate planning resource. He’s very knowledgeable and well-versed. He’s a higher-end attorney but he helped us understand the complexities of setting up a revocable trust and took the time to answer all of our questions candidly (and make suggestions surrounding those hypothetical circumstances). My husband and I feel very fortunate to know him and to know now that our affairs are in order should the unthinkable occur. We’d both highly recommend his counsel as we know him to be very hard-working and honest. He’s a good guy!

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Trusted by Estate Planning Professionals & Families
When Trusts & Estates Face Disputes

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