- Do you have a loved one who is unable to manage his or her finances or is vulnerable to financial abuse or fraud?
- Do you have a relative who is unable to take care of his or her personal needs, yet refuses help from others?
- Are you looking for legal authority to care for a developmentally disabled adult?
What Is A Conservatorship Proceeding?
A conservatorship results from a judicial process where the Probate Court appoints a responsible adult, such as a family member or other responsible adult to serve as the conservator of a vulnerable adult.
A person can be appointed conservator of the person to make decisions such as where the vulnerable adult lives, what doctor treats the vulnerable adult, who the vulnerable adult’s caregivers are, and the like. A person can be appointed conservator of the estate to make decisions about managing the vulnerable adult’s assets. A person can also be appointed the conservator of the person and of the estate. Limited Conservatorships are for developmentally disabled adults. Guardianships are for minors.
Serbin & Carmeli Experience
Conservatorship cases are emotionally difficult; the court must decide whether to take away an individual’s right to make decisions about his or her own life under a standard of clear and convincing evidence.
The attorneys at Serbin & Carmeli have over 35 years experience in handling conservatorship cases. Howard alone has been involved in over 1,000 conservatorship proceedings in Orange County and some of those were very complex. Howard is also one of the panel attorneys whom the Court regularly appoints to represent vulnerable adults. In the past five years, Michele also has successfully tried and settled complex conservatorship cases.
Representing the Conservtor/Fiduciary
The attorneys at Serbin & Carmeli are also experienced in representing the conservator, whether the conservator is an individual or a private professional fiduciary. For approxiamtely 30 years Howard’s clients, the Orange County Public Administrator and the Orange County Public Guardian, depended on Howard for advice as to how to act in their fiduciary capacity as conservators of the person and estate.
Past Results for Clients: Conservatorship Proceedings
- Facts: Nephew of elderly woman who was frail and legally blind got aunt to sign a power of attorney by which he transferred her house into his own name. He then moved her personal property to his home in Arizona. Howard tried case on behalf of County Public Guardian, seeking to recover the property. Aunt was not mentally competent to testify.
- Result: Howard prevailed; court ordered the house put back in aunt’s name and her personal possessions returned.
Conservatorship – Battling for Legal Control of Mother
- Facts: Sisters competed to be conservator of aging mother, two claiming that third sister had taken financial advantage of mother. Client (third sister) had been the one caring for mother for years and was designated by mother to be her conservator.
- Result: In emotional trial, court ruled that Howard’s client should be conservator and appointed her sole conservator.
Mr. Serbin handled a great number of the conservatorship, decedent and trust cases for over 30 years in Orange County He set the standard for legal process involving probate matters. He is very well known and very good. He takes on the most complex cases. If you want a conservatorship or estate administration done right see this guy! Patricia, 2011
If you’re seeking legal help for conservatorship issues, contact the competent and caring probate attorneys at the Law Offices of Serbin & Carmeli at (949) 753-2853.
The photographs displayed on this website were purchased via contract with “Shutterstock” and are not photos of actual clients.