California Conservatorship and Guardianship Dispute Lawyer: Probate Code § 2628 (2026 AB 2090 Exemptions) in San Diego

California Conservatorship and Guardianship Dispute Lawyer handling contested appointments, fiduciary removal, and accounting disputes. San Diego families: protect your loved ones under 2026 laws. Free consultation.

“Key Takeaways”

2026 AB 2090 Accounting Exemptions: Proposed legislation would raise exemption thresholds to $30,000 estate value and $3,200 monthly income—reducing automatic court oversight for smaller estates .
Jury Trial Right: Proposed conservatees can demand a jury trial within five days under Probate Code § 1452—a powerful tool to challenge unwarranted petitions.
Less Restrictive Alternatives: Under Guardianship of Ann S., courts must prefer alternatives like powers of attorney or trusts over full conservatorships .
Court-Appointed Counsel: Probate Code § 1470 mandates independent counsel for proposed conservatees in contested proceedings .
San Diego Probate Examiner: Every petition undergoes review by a probate examiner who issues “Probate Examiner Notes” identifying deficiencies .

Full Pillar Page: California Conservatorship and Guardianship Dispute Litigation—Your Strategic Roadmap to Protecting Vulnerable Loved Ones in San Diego

The Conservatorship and Guardianship Landscape: When Families Fight for Control

When a loved one can no longer care for themselves or manage their finances, families often turn to conservatorships and guardianships as legal mechanisms to ensure their protection. But these proceedings can also become battlegrounds—where family members fight over who should serve as fiduciary, where allegations of financial abuse surface, and where the proposed conservatee’s autonomy hangs in the balance. At Leeran S. Barzilai, A Prof. Law Corp., we navigate the complex intersection of the Probate Code, constitutional rights, and family dynamics to protect vulnerable individuals and their assets.

Distinguishing Conservatorships from Guardianships

Under California law, the terms “conservatorship” and “guardianship” refer to different proceedings involving different protected populations:

Proceeding	Governing Law	Protected Person	Purpose
Conservatorship	Probate Code §§ 1800-2019	Adults (ages 18+) who are unable to care for themselves or manage finances	Appoint fiduciary to manage person and/or estate
Guardianship	Probate Code §§ 1500-1615	Minors (under 18) whose parents cannot care for them	Appoint fiduciary to care for child and/or estate

Types of Conservatorships

California law recognizes several distinct types of conservatorships:

Type	Description	Legal Authority
Conservatorship of the Person	Fiduciary makes decisions about health care, living arrangements, and daily care	Probate Code § 1801(a)
Conservatorship of the Estate	Fiduciary manages financial assets, pays bills, and handles property	Probate Code § 1801(b)
LPS Conservatorship	For persons with serious mental illness under the Lanterman-Petris-Short Act	Welfare & Institutions Code §§ 5350-5371
Temporary Conservatorship	Emergency appointment lasting up to 30-60 days pending full hearing	Probate Code § 2250
Limited Conservatorship	For developmentally disabled adults; conservatee retains certain rights	Probate Code § 1801(d)

The 2026 AB 2090 Accounting Exemption Revolution

On February 18, 2026, Assembly Member Macedo introduced Assembly Bill 2090, proposing fundamental changes to Probate Code § 2628 that will affect conservatorship and guardianship administration across California .

Current Law (Pre-AB 2090)

Under existing Probate Code § 2628, the court may exempt guardians and conservators from filing mandatory accountings if:

Condition	Current Threshold
Estate net value (excluding residence)	Less than $15,000
Monthly income (excluding public benefits)	Less than $2,000

Proposed 2026 Changes Under AB 2090

AB 2090 proposes to amend Section 2628 to expand the exemption thresholds :

Condition	Proposed Threshold
Estate net value (excluding residence)	Less than $30,000
Monthly income (excluding public benefits)	Less than $3,200

Strategic Implications for Conservatorship Litigation

Impact	Analysis
Fewer Mandatory Accountings	Estates between $15,000-$30,000 will no longer automatically file accountings
Reduced Court Oversight	Less frequent judicial review of fiduciary conduct
Increased Beneficiary Monitoring	Interested persons must proactively petition for accountings
Discovery Challenges	Harder to uncover mismanagement without regular accountings

Our Strategy: When AB 2090 takes effect, we will proactively petition for accountings under Probate Code § 2628(b) even when fiduciaries claim exemption. The statute expressly permits the ward, conservatee, or any interested person to petition for an order requiring accounting despite exemption status .

The Jury Trial Right: Probate Code § 1452

Statutory Right to Jury Trial

Under Probate Code § 1452, a proposed conservatee has the right to demand a jury trial on the question of incapacity . The statute provides:

“The proposed conservatee may demand a jury trial on the issue of whether the proposed conservatee is unable to properly provide for his or her personal needs for physical health, food, clothing, or shelter, or is substantially unable to manage his or her financial resources or resist fraud or undue influence.”

Procedural Requirements

Deadline: Demand must be made within five days after the hearing date is set
Form: Demand may be made orally in open court or by written demand filed with the court
Consequences: If timely demanded, the court must impanel a jury

Strategic Power of Jury Trial Demands

Demanding a jury trial serves multiple strategic purposes:

Deters Weak Petitions: Petitioners with marginal evidence often dismiss rather than face a jury
Negotiating Leverage: Creates pressure to resolve through less restrictive alternatives
Procedural Delay: Provides additional time to prepare defense or arrange alternatives
Constitutional Dimension: Jury trial rights are constitutionally protected, limiting appellate review

Less Restrictive Alternatives: The Guardianship of Ann S. Standard

The Legal Mandate

California law strongly favors less restrictive alternatives to conservatorships and guardianships. The court must consider whether existing arrangements adequately protect the person before imposing a fiduciary.

Guardianship of Ann S. (2020) 45 Cal.App.5th 240

In this pivotal case, the court addressed whether a guardianship could be imposed when the proposed ward already had arrangements in place through powers of attorney and trusts.

Holding: The court cannot impose a guardianship if existing arrangements—such as powers of attorney, trusts, or supported decision-making agreements—adequately protect the person’s needs . The petitioner bears the burden to prove why these alternatives are insufficient.

Examples of Less Restrictive Alternatives

Alternative	Description	When Appropriate
Power of Attorney	Agent appointed to manage finances	Person capable of understanding and executing POA
Advance Health Care Directive	Agent appointed for medical decisions	Person capable of understanding and executing directive
Revocable Living Trust	Trustee manages assets according to terms	Assets already in trust; successor trustee available
Supported Decision-Making	Person makes own decisions with support from trusted advisors	Person retains cognitive capacity with assistance
Representative Payee	Government benefits managed by appointed payee	Only Social Security/SSI benefits at issue
Case Management Services	Professional care coordination without legal guardianship	Person needs care coordination but retains capacity

Litigating Less Restrictive Alternatives

When we challenge a conservatorship or guardianship petition, we:

Identify existing arrangements that already protect the person
Present evidence of the person’s capacity to participate in decision-making with support
Propose alternative structures tailored to the person’s specific needs
Shift burden to petitioner to prove why alternatives are insufficient under Ann S.

Court-Appointed Counsel: Probate Code § 1470

Mandatory Appointment

Under Probate Code § 1470, the court must appoint legal counsel to represent a proposed conservatee if:

The proposed conservatee requests counsel, or
The court determines counsel would be helpful to the resolution of the matter or is necessary to protect the person’s interests

Role of Court-Appointed Counsel

Court-appointed counsel serves as a zealous advocate for the proposed conservatee’s wishes and interests—not as a guardian ad litem or best interests attorney. Counsel must:

Interview the proposed conservatee
Investigate the factual basis for the petition
Advise the client of their rights, including jury trial rights
Advocate for the client’s expressed wishes
Challenge evidence of incapacity

San Diego Probate Court Panel

San Diego Superior Court maintains a panel of qualified attorneys to serve as court-appointed counsel. Kimberly D. Neilson of Frisella Neilson, APC, serves on this panel, representing wards, proposed wards, conservatees, and proposed conservatees when the court determines appointment would be helpful or necessary .

Merrianne E. Dean of Bellator Law Group also has extensive experience representing developmentally disabled and elderly individuals under conservatorships as court-appointed counsel .

Strategic Considerations

Scenario	Strategy
Client is proposed conservatee	Request court-appointed counsel immediately; counsel protects rights and advocates for client’s wishes
Client is petitioner	Anticipate court-appointed counsel’s role; prepare evidence addressing counsel’s anticipated challenges
Client is family member opposing petition	Coordinate with court-appointed counsel to present unified opposition

The Probate Examiner Review Process in San Diego

What Are Probate Examiner Notes?

In San Diego Superior Court’s Probate Division, every petition undergoes review by a probate examiner—an experienced attorney who reviews filings for compliance with statutory requirements and local rules . The examiner prepares Probate Examiner Notes summarizing:

Deficiencies in the petition
Missing required information
Legal issues requiring attention
Additional documentation needed

These notes are transmitted to the probate judge and become part of the court file.

Why Examiner Notes Matter

Importance	Explanation
Identify Weaknesses	Opposing parties’ deficient filings can be identified and challenged
Guide Judicial Decision-Making	Judges rely on examiner notes when ruling on petitions
Procedural Requirements	Failure to address examiner notes results in denial or continuance
Strategic Opportunities	Unresolved deficiencies can derail opposing parties’ petitions

Navigating the Examiner Process

Catherine Swafford of Greenberg Traurig, who serves as court-appointed counsel for the San Diego Probate Court, has developed expertise in navigating the examiner review process . At Leeran S. Barzilai, we:

Review examiner notes immediately upon filing
Respond promptly and thoroughly to all deficiencies
Use opposing parties’ examiner notes to identify litigation opportunities
Anticipate examiner issues when drafting our own petitions

Contesting Appointment of Conservator or Guardian

Standing to Contest

Under Probate Code § 1820, the following persons may object to appointment of a particular conservator:

The proposed conservatee
The spouse of the proposed conservatee
Any relative of the proposed conservatee
Any interested person or friend of the family

Grounds for Contest

Ground	Legal Standard	Evidence
Proposed conservatee not incapacitated	Person can properly provide for personal needs or manage finances	Medical records, capacity evaluations, witness testimony
Proposed conservator unsuitable	Proposed fiduciary is dishonest, has conflicts, or would not act in best interests	Background checks, financial records, witness testimony
Less restrictive alternative exists	Existing arrangements adequately protect person	Powers of attorney, trust documents, care plans
Petitioner has improper motives	Petition filed to gain control of assets rather than protect person	Financial records, communications, timing evidence

The David v. David Standard for Fiduciary Suitability

In David v. David (2021) 60 Cal.App.5th 487, the court addressed factors for determining fiduciary suitability, including:

Honesty and integrity
Ability to manage finances
Relationship with the proposed conservatee
Potential conflicts of interest
Willingness to follow court oversight

Removal of Existing Conservators or Guardians

Grounds for Removal Under Probate Code § 2650

The court may remove a guardian or conservator for:

Breach of fiduciary duty (self-dealing, misappropriation)
Incapacity or inability to perform duties
Failure to file required accountings
Gross misconduct in office
Continued failure to perform duties
Conviction of a felony
Other good cause

Breach of Fiduciary Duty Claims

Common breach claims include:

Self-dealing transactions
Commingling estate assets with personal funds
Failure to invest prudently
Excessive compensation
Failure to pay the ward’s or conservatee’s bills
Neglect of the person (failure to provide adequate care)

Removal Procedure

File petition for removal under Probate Code § 2650
Provide notice to all interested persons
Present evidence of grounds for removal
Request appointment of successor fiduciary

Accounting Disputes and Surcharge Actions

Mandatory Accounting Requirements

Under Probate Code §§ 2620-2628, guardians and conservators must file:

Inventory and appraisal within 90 days of appointment
Annual accountings within 60 days of each anniversary
Final accounting upon termination of fiduciary relationship

Challenging Accountings

Interested persons may object to accountings on grounds including:

Unreasonable or excessive fees
Unexplained expenditures
Missing assets
Improper investments
Failure to account for all income

Surcharge Actions

If the fiduciary’s mismanagement caused financial loss, interested persons may seek surcharge—a personal money judgment against the fiduciary. Under Probate Code § 2620(b), the court may surcharge the fiduciary for:

Losses caused by negligence or breach of duty
Interest on missing funds
Attorney’s fees and costs incurred in pursuing surcharge

LPS Conservatorships: Special Considerations

Lanterman-Petris-Short Act Framework

LPS conservatorships (Welfare & Institutions Code §§ 5350-5371) apply to persons with serious mental illness who are:

Gravely disabled (unable to provide for basic personal needs)
Unwilling to accept voluntary treatment

Key Differences from Probate Conservatorships

Aspect	LPS Conservatorship	Probate Conservatorship
Purpose	Mental health treatment and placement	General care and financial management
Duration	One year, renewable annually	Indefinite
Placement Authority	Conservator may place in locked facility	Conservator cannot lock up conservatee
Treatment Authority	Conservator may consent to psychotropic medication	No mental health treatment authority
Right to Jury Trial	Yes	Yes

Contesting LPS Conservatorships

Grounds for contesting LPS conservatorships include:

Proposed conservatee is not gravely disabled
Less restrictive alternatives exist (outpatient treatment, supportive housing)
Proposed conservator is unsuitable
Renewal petitions lack evidence of continuing grave disability

Temporary Conservatorships: Emergency Appointments

Statutory Authority (Probate Code § 2250)

Courts may appoint a temporary conservator pending hearing on a permanent petition if:

The proposed conservatee is in immediate danger of physical harm or financial loss, and
The temporary appointment is necessary to protect the person or estate

Duration and Powers

Temporary conservatorships last up to 30 days, extendable to 60 days for good cause
Powers may be limited to specific urgent matters
Temporary conservators must file a final accounting upon termination

Contesting Temporary Appointments

Challenges to temporary conservatorships focus on:

Lack of emergency circumstances
Inadequate notice
Proposed conservator’s unsuitability even for temporary role
Less restrictive alternatives to address emergency

Limited Conservatorships for Developmentally Disabled Adults

Statutory Framework (Probate Code §§ 1801(d), 1828.5)

Limited conservatorships are tailored for developmentally disabled adults who need some assistance but retain capacity for certain decisions. Key features:

Conservatee retains rights specified in court order
Conservator must promote maximum self-reliance and independence
Court may grant limited powers based on individual needs

Rights Retained by Conservatee

Under Probate Code § 1828.5, the court must specifically determine which rights the conservatee retains, including:

Right to vote
Right to marry
Right to contract
Right to control social and sexual contacts
Right to make decisions about education

Litigation Issues in Limited Conservatorships

Disputes often arise over:

Whether the proposed conservatee needs any conservatorship at all
Which rights should be retained
Whether the proposed conservator respects retained rights
Whether full conservatorship is improperly sought after limited appointment

San Diego Superior Court: Venue and Local Rules

Where to File

Case Type	Venue	Address
Probate conservatorships/guardianships	Probate Division, Hall of Justice	330 W Broadway, San Diego, CA 92101
LPS conservatorships	Mental Health Division	330 W Broadway, San Diego, CA 92101
Appeals	Central Courthouse	1100 Union Street, San Diego, CA 92101

San Diego Probate Court Leadership and Practitioners

San Diego has a robust community of probate litigators with deep experience in conservatorship and guardianship disputes:

Catherine Swafford of Greenberg Traurig focuses on trust, estate, conservatorship, elder abuse, and fiduciary litigation. She serves as court-appointed counsel for the San Diego Probate Court and has been recognized by Chambers High Net Worth guide for Private Wealth Disputes from 2021-2024 .

Merrianne E. Dean of Bellator Law Group brings over 25 years of courtroom experience navigating probate and trust disputes, financial elder abuse cases, and conservatorships. She serves as court-appointed counsel representing developmentally disabled and elderly individuals under conservatorships .

Kimberly D. Neilson of Frisella Neilson, APC, has served on the Probate Court panel for San Diego County since 2020, representing wards, proposed wards, conservatees, and proposed conservatees. She recently successfully tried an elder financial abuse and breach of fiduciary duty case before a jury, recovering real property and cash for the estate .

San Diego Superior Court Local Rules (2026)

The San Diego County Superior Court Rules, effective January 1, 2026, include specific provisions for probate proceedings:

Division IV – Probate:

Probate case management procedures
Mandatory forms and filing requirements
Hearing schedules and continuance policies
Mediation and settlement conference requirements
Probate examiner review protocols

The Probate Examiner Notes System

Every petition filed in San Diego Probate Court undergoes review by a probate examiner . Examiners issue written notes identifying:

Deficiencies in the petition
Missing required information
Legal issues requiring attention
Additional documentation needed

Probate Mediation

The court strongly encourages mediation for contested probate matters. The Probate Mediator Packet contains required forms and instructions. Mediation can resolve disputes without the cost and delay of trial.

Probate Court Case Imaging

San Diego Superior Court maintains online access to probate case images through its case imaging system. We regularly monitor dockets for newly filed petitions affecting our clients’ interests.

Evidence Collection: What You Need Before We File

Contesting Conservatorship Appointment

Medical records documenting the proposed conservatee’s capacity
Physician’s declarations or capacity evaluations
Powers of attorney and advance health care directives
Trust documents
Witness statements about the person’s functioning
Evidence of existing care arrangements

Removal Actions

Financial records showing mismanagement or self-dealing
Bank statements and account records
Prior accountings filed with the court
Communications with the fiduciary
Evidence of neglect of the person (photographs, medical records, witness statements)

Accounting Disputes

All accountings filed with the court
Bank statements and canceled checks
Receipts for major expenditures
Appraisals of estate assets
Evidence of missing assets

Jury Trial Demands

Calendar of hearing dates (to ensure five-day deadline is met)
Written demand prepared for immediate filing
Evidence supporting incapacity defense

FAQ Section

Question: What is the difference between a conservatorship and a guardianship in California?

Answer: A conservatorship applies to adults (18+) who cannot care for themselves or manage finances. A guardianship applies to minors whose parents cannot care for them. Both are governed by the Probate Code but involve different procedures and protected populations .

Question: What is AB 2090 and how does it affect conservatorships in 2026?

Answer: AB 2090, introduced February 18, 2026, proposes to raise accounting exemption thresholds from $15,000 estate value/$2,000 monthly income to $30,000 estate value/$3,200 monthly income. This reduces automatic court oversight for smaller estates .

Question: Can a proposed conservatee demand a jury trial?

Answer: Yes. Under Probate Code § 1452, a proposed conservatee may demand a jury trial within five days of the hearing date. If timely demanded, the court must impanel a jury to determine incapacity .

Question: What are less restrictive alternatives to conservatorship?

Answer: Under Guardianship of Ann S., courts must consider alternatives including powers of attorney, advance health care directives, trusts, supported decision-making, representative payees, and case management services before imposing a conservatorship .

Question: When does the court appoint counsel for a proposed conservatee?

Answer: Under Probate Code § 1470, the court must appoint counsel if the proposed conservatee requests it or if the court determines counsel would be helpful or necessary to protect the person’s interests .

Question: Who serves as court-appointed counsel in San Diego Probate Court?

Answer: San Diego Probate Court maintains a panel of qualified attorneys. Catherine Swafford of Greenberg Traurig , Merrianne Dean of Bellator Law Group , and Kimberly Neilson of Frisella Neilson, APC all serve as court-appointed counsel representing wards and conservatees.

Question: What are Probate Examiner Notes in San Diego Superior Court?

Answer: Every petition filed in San Diego Probate Court undergoes review by a probate examiner who issues “Probate Examiner Notes” identifying deficiencies, missing information, or legal issues. These notes become part of the court file .

Question: How do I remove a conservator who is mismanaging assets?

Answer: File a petition for removal under Probate Code § 2650, presenting evidence of breach of fiduciary duty, failure to account, or other grounds. You may also seek surcharge for financial losses caused by mismanagement.

Question: What is a limited conservatorship?

Answer: A limited conservatorship applies to developmentally disabled adults. The conservatee retains specified rights (voting, marrying, contracting, etc.), and the conservator must promote maximum self-reliance and independence .

Question: What are the grounds for contesting a conservator’s appointment?

Answer: Grounds include: proposed conservatee not actually incapacitated, proposed conservator unsuitable (dishonest, conflicted), existence of less restrictive alternatives, or petitioner acting with improper motives .

Question: Do you serve clients in languages other than English?

Answer: Yes. Leeran S. Barzilai, A Prof. Law Corp. provides services in Chinese (普通话) and Hebrew (עברית). Hablamos

Contact Our Office

You cannot afford to miss the five-day jury trial deadline, ignore the 2026 AB 2090 accounting exemption changes, or fail to present less restrictive alternatives under Ann S.. A single procedural misstep can result in an unwarranted conservatorship that strips your loved one of their autonomy.

At Leeran S. Barzilai, A Prof. Law Corp., we handle conservatorship and guardianship disputes across all fronts—contested appointments, fiduciary removal, accounting disputes, and LPS conservatorships. If your family faces a conservatorship or guardianship battle in San Diego County, we will evaluate your situation, identify applicable statutory rights and case law, and take decisive action to protect your loved one under the latest 2026 laws.

Call us today for a free consultation. Let’s put California’s conservatorship laws to work for you.

Leeran S. Barzilai, A Prof. Law Corp.
4501 Mission Bay Dr. #3c, San Diego, CA 92109
(619) 436-7544

服務提供中文 | שירותים זמינים בעברית

← Back

Thank you for your response. ✨

The $103 Million Verdict That Changed Everything: What San Diego Workers Need to Know About Age Discrimination in 2026

March 18, 2026

The $103 Million Verdict That Changed Everything: What San Diego Workers Need to Know About Age Discrimination in 2026 A … Read More Continue Reading
California Wage Theft in 2026: New Minimum Wage, Stronger Laws, and How to Calculate What You’re Owed

March 17, 2026

California Wage Theft in 2026: New Minimum Wage, Stronger Laws, and How to Calculate What You’re Owed California‘s 2026 minimum … Read More Continue Reading
$150 Demand Letter for Licensed California Attorney: Triggering Interest Under § 3287 in San Diego

March 16, 2026

$150 Demand Letter for Licensed California Attorney: Triggering Interest Under § 3287 in San Diego “Key Takeaways” Full Pillar Page $150 Demand … Read More Continue Reading
High-Profile “Wins”: When a Demand Letter Gets Results

March 15, 2026

High-Profile “Wins”: When a Demand Letter Gets Results In California, high-profile cases often involve demand letters that leverage significant legal … Read More Continue Reading
The $100M Bel-Air Mansion That Courts Ordered Demolished: A Land-Use Cautionary Tale

March 14, 2026

San Diego Construction Lawyer on the Hadid Demolition Order When a court orders the demolition of a $100 million mansion, … Read More Continue Reading
What the Kanye West $140K Verdict Teaches Us About California Wage and Injury Claims

March 12, 2026

What the Kanye West $140K Verdict Teaches Us About California Wage and Injury Claims When news broke that a Los … Read More Continue Reading
$2.9M & Other Top San Diego Motor Vehicle Crash Settlements — What Clients Should Know

March 12, 2026

$2.9M & Other Top San Diego Motor Vehicle Crash Settlements — What Clients Should Know Explore a recent $2.9 million … Read More Continue Reading
California Independent Contractor Laws (AB5): How to Legally Classify Your Team Without Breaking the Bank

March 10, 2026

Worried about California independent contractor laws? Learn how to self-audit your team under AB5 and avoid massive EDD fines with … Read More Continue Reading
Illegal Retaliation California: Your Rights When You’re Fired for Speaking Up

March 9, 2026

Were you recently fired after complaining about unsafe conditions, reporting discrimination, or requesting medical leave in California? If so, you … Read More Continue Reading
The $500 Mistake: Why a Generic Online Contract Template Could Bankrupt Your California Startup

March 8, 2026

Avoid costly California startup legal mistakes. Using a generic online contract template can lead to fines, lawsuits, and back wages. … Read More Continue Reading

California Conservatorship and Guardianship Dispute Lawyer Subpages

ENGLISH PAGES (Primary)

1. California Conservatorship Contest Lawyer

URL: /california-conservatorship-contest-lawyer-san-diego

We represent family members and interested parties in contesting the establishment of a conservatorship, challenging petitions on grounds including lack of necessity, unsuitable proposed conservators, or insufficient evidence of grave disability under the Lanterman-Petris-Short Act or Probate Code. Our conservatorship contest practice includes demanding jury trials on behalf of proposed conservatees and presenting evidence that less restrictive alternatives are available to protect the individual’s wellbeing .

Contact: Leeran S. Barzilai, A Prof. Law Corp. | (619) 436-7544 | 4501 Mission Bay Dr. #3c, San Diego, CA 92109

2. California Guardianship Appointment Lawyer

URL: /california-guardianship-appointment-lawyer-san-diego

We assist family members seeking appointment as guardians for minor children or adults with developmental disabilities, navigating the court investigation process, background checks, and hearing requirements under California Rules of Court. Our guardianship appointment practice includes preparation of all required forms, representation at hearings typically set 60 to 75 days from filing, and coordination with court investigators who evaluate each proposed guardian and adult household members .

Contact: Leeran S. Barzilai, A Prof. Law Corp. | (619) 436-7544 | 4501 Mission Bay Dr. #3c, San Diego, CA 92109

3. California Conservatorship Termination Lawyer

URL: /california-conservatorship-termination-lawyer-san-diego

We represent conservatees and family members seeking to terminate unnecessary conservatorships, filing petitions under Probate Code § 1861 and proving by clear and convincing evidence that the conservatee no longer meets the criteria for appointment or that the conservatorship is no longer the least restrictive alternative needed . Our termination practice includes demanding the conservatee’s presence at hearings except where medical inability is established, and opposing continuation where the conservator fails to prove ongoing necessity .

Contact: Leeran S. Barzilai, A Prof. Law Corp. | (619) 436-7544 | 4501 Mission Bay Dr. #3c, San Diego, CA 92109

4. California Conservatorship Accounting Lawyer

URL: /california-conservatorship-accounting-lawyer-san-diego

We represent beneficiaries and conservatees in reviewing and objecting to conservatorship accountings, ensuring proper disclosure of income, expenses, and asset management by the conservator of the estate. Our accounting practice includes filing petitions to compel incomplete accountings, objecting to improper expenditures, and seeking surcharge when accountings reveal mismanagement or self-dealing .

Contact: Leeran S. Barzilai, A Prof. Law Corp. | (619) 436-7544 | 4501 Mission Bay Dr. #3c, San Diego, CA 92109

5. California Limited Conservatorship Lawyer

URL: /california-limited-conservatorship-lawyer-san-diego

We assist families in establishing limited conservatorships for adults with developmental disabilities, tailoring the conservator’s powers to the individual’s specific needs while maximizing autonomy and self-determination. Our limited conservatorship practice includes navigating the unique court investigation process, obtaining necessary medical and psychological evaluations, and ensuring compliance with Probate Code § 1863(f) which exempts limited conservatorships from certain general conservatorship termination procedures .

Contact: Leeran S. Barzilai, A Prof. Law Corp. | (619) 436-7544 | 4501 Mission Bay Dr. #3c, San Diego, CA 92109

6. California Temporary Conservatorship Lawyer

URL: /california-temporary-conservatorship-lawyer-san-diego

We pursue emergency temporary conservatorships when immediate protection is needed for endangered elders or dependent adults, filing ex parte applications supported by detailed declarations demonstrating present danger. Our temporary conservatorship practice includes preparing comprehensive evidentiary submissions since petitioners have no opportunity to explain in person at the ex parte hearing, requiring thorough documentation of the emergency circumstances .

Contact: Leeran S. Barzilai, A Prof. Law Corp. | (619) 436-7544 | 4501 Mission Bay Dr. #3c, San Diego, CA 92109

7. California LPS Conservatorship Lawyer

URL: /california-lps-conservatorship-lawyer-san-diego

We represent respondents in Lanterman-Petris-Short Act conservatorship proceedings, defending against allegations of grave disability due to mental health disorders or severe substance use disorders under Welfare and Institutions Code § 5008(h)(1)(A) as expanded by Senate Bill 43. Our LPS practice includes demanding jury trials, challenging the sufficiency of evidence beyond a reasonable doubt, and advocating for placement in the least restrictive alternative environment designated by the court rather than delegated to the public guardian .

Contact: Leeran S. Barzilai, A Prof. Law Corp. | (619) 436-7544 | 4501 Mission Bay Dr. #3c, San Diego, CA 92109

8. California Conservator Removal Lawyer

URL: /california-conservator-removal-lawyer-san-diego

We represent beneficiaries and family members seeking removal of conservators who breach fiduciary duties, mismanage assets, neglect the conservatee, or fail to comply with court orders. Our removal practice includes filing petitions supported by evidence of misconduct and seeking appointment of qualified successor conservators to protect the conservatee’s person and estate .

Contact: Leeran S. Barzilai, A Prof. Law Corp. | (619) 436-7544 | 4501 Mission Bay Dr. #3c, San Diego, CA 92109

9. California Guardianship of Minor Lawyer

URL: /california-guardianship-minor-lawyer-san-diego

We assist relatives and family friends in establishing guardianships for minor children when parents are unavailable, including probate guardianships and juvenile court guardianships for dependent children under California Rules of Court 5.735. Our guardianship of minor practice includes filing petitions, serving notice on all required parties, and navigating the court investigation process to ensure the child’s safety and welfare .

Contact: Leeran S. Barzilai, A Prof. Law Corp. | (619) 436-7544 | 4501 Mission Bay Dr. #3c, San Diego, CA 92109

10. California Successor Conservator Appointment Lawyer

URL: /california-successor-conservator-appointment-lawyer-san-diego

We represent family members seeking appointment as successor conservators when existing conservators resign, become incapacitated, or are removed, ensuring continuity of care and protection for the conservatee. Our successor conservator practice includes filing petitions for appointment, obtaining necessary bond approvals, and coordinating with court investigators to complete background investigations and ensure smooth transition of conservatorship duties .

Contact: Leeran S. Barzilai, A Prof. Law Corp. | (619) 436-7544 | 4501 Mission Bay Dr. #3c, San Diego, CA 92109

中文页面 (CHINESE PAGES)

圣地亚哥监护权争议中文律师服务

1. 加州监护权 contest 律师

URL: /chinese-california-conservatorship-contest-lawyer-san-diego

我们在设立监护权的诉讼中代表家庭成员和利害关系人，根据《Lanterman-Petris-Short 法案》或《遗嘱法典》对监护权申请提出质疑，理由包括缺乏必要性、提议的监护人不合适或严重残疾证据不足。我们的监护权 contest 实践包括代表被监护人要求陪审团审判，并提供证据证明存在保护个人福祉的较少限制替代方案。