San Mateo Conservatorship Litigation Attorneys

A sibling filed for conservatorship over your father without telling anyone in the family.

The court-appointed conservator is selling your mother's house and refusing to explain.

You have been served with a petition. You want to oppose it.

These conservatorship matters, and others like them, in California are not routine paperwork. They are court proceedings governed by detailed statutes, evidentiary burdens, and procedural deadlines.

Recent reforms under AB 1194 raised the standards for establishing and overseeing a conservatorship. Family members on both sides of these disputes need legal representation.

Trust Law Partners handles conservatorship litigation as a core part of our trust and probate practice. Our San Mateo attorneys represent petitioners, respondents, and conservatees across the full range of contested matters under California Probate Code Section 1801 and related provisions.

Call 650-397-8700 for a free consultation.

Common Obstacles in Conservatorship Litigation and How We Address Them

Conservatorship litigation presents obstacles other civil cases do not. The proposed conservatee may be cognitively impaired, agitated, or actively manipulated. Family members rarely agree on the right course. Court investigators, capacity professionals, and the proposed conservator's records all play a role in the outcome. The same complexity applies when arguing that a conservatorship is no longer justified and the court must evaluate whether the original conditions still exist.

Our San Mateo attorneys recognize how these cases unfold and how to address what makes them difficult.

• Family conflict drives the litigation: Adult siblings disagreeing about a parent's care brings decades of dynamic into a courtroom. We handle the legal record so the courtroom posture stays focused on the conservatee's best interest.
• Capacity evidence is technical: Establishing or opposing capacity requires medical declarations, geriatric assessments, and sometimes neuropsychological testing. We work with physicians and capacity professionals familiar with the San Mateo court.
• The court investigator's role matters: Probate Code Section 1826 requires a court investigator to interview the proposed conservatee and report findings. We prepare clients for these interviews and respond to reports that miss key facts.
• Less restrictive alternatives must be considered: Under AB 1194 and existing law, the court must consider less restrictive alternatives. These include supported decision making and powers of attorney. We argue these alternatives where they fit and dispute them where they do not.
• Emergencies require fast filings: When an elder is at immediate risk, we petition for temporary conservatorship under Probate Code Section 2250. The court grants interim authority within days rather than months.

Each obstacle has a procedural answer. The firm's role is to apply the right tool at the right moment in the timeline.

Do I Need a Lawyer for San Mateo Conservatorship Litigation?

The short answer is yes for any contested conservatorship matter. California conservatorship statutes are detailed and the procedural deadlines are strict. Self-represented parties in San Mateo probate court rarely succeed against opposing counsel.

Several markers indicate legal representation is needed:

• A petition has been filed and you want to oppose it: Whether you oppose the conservatorship itself or the proposed conservator, formal opposition is required. This means written objections, supporting evidence, and a hearing presence.
• An existing conservator is acting against the conservatee's interest: Removal under Probate Code Section 2650 requires a petition supported by evidence of breach, mismanagement, or self-dealing.
• You believe a conservatorship is no longer needed: Termination petitions under Probate Code Section 1860 require medical evidence of restored capacity and a strategic case presentation.
• The conservator is not providing accountings: Conservators must file accountings under Probate Code Section 2620. A failure to do so supports both compelled accounting and removal claims.
• A family member needs immediate protection: Emergency conservatorship petitions are time-sensitive and procedurally specific. Late filings cost the elder protection they need now.

Adult Protective Services and law enforcement have limits on what they handle. Civil court action requires civil litigation. Our office handles that side from petition through final order.

Why Families Choose Trust Law Partners

Trust Law Partners focuses solely on trust, estate, and probate litigation. Conservatorship disputes fall squarely within that practice. Our San Mateo team has handled both sides of these cases for years. The procedural rules and evidentiary tests are familiar territory for us.

Several reasons families choose our firm:

• Sole focus on trust and probate litigation: Our attorneys do not split time between estate planning, real estate, or general civil cases. The procedural detail of conservatorship work shows in case execution.
• Recognition from peers and rating organizations: Trust Law Partners attorneys appear in Best Lawyers 2025, Chambers, and Marquis Who's Who 2025. These reflect decades of trial and litigation experience.
• Representation on either side of the dispute: We handle petitioners seeking appointment, respondents opposing a petition, and conservatees seeking termination or modification. Our perspective comes from working both sides.
• No upfront fee for qualifying cases: Conservatorship litigation often involves frozen accounts and disputed assets. Our fee structure accounts for that reality.
• Local San Mateo presence: Our office at 1650 Borel Place serves clients across the Peninsula. We file conservatorship matters in the San Mateo County Superior Court probate division in Redwood City.
• Direct attorney access: Named partners and senior litigators handle cases personally. Clients work with the attorney who knows the file.

When the family is divided over a parent's care or finances, the firm representing you needs to handle these cases regularly and act with appropriate speed.

Conservatorship Litigation Cases We Handle in San Mateo

Conservatorship litigation in California covers a wide range of contested situations. Our San Mateo attorneys handle matters on both sides of the petition:

• Contested establishment petitions: A family member files for conservatorship and another family member or the proposed conservatee opposes it.
• Opposition to a proposed conservator: The need for conservatorship is not contested but the choice of conservator is. We propose alternative conservators and challenge the proposed one's fitness.
• Petitions to remove an existing conservator: Misconduct, conflict of interest, or failure of duty supports removal under Probate Code Section 2650.
• Conservator accounting disputes: Petitions to compel an accounting, objections to filed accountings, and surcharge actions for losses caused by the conservator.
• Termination petitions: The conservatee or interested parties petition the court to end the conservatorship based on restored capacity or changed circumstances.
• Modification petitions: Adjustments to the conservator's powers, restrictions on actions like real estate sales, or changes in personal versus estate authority.
• Visitation and care disputes: Family members challenging the conservator's restrictions on visitation, healthcare decisions, or living arrangements.
• Conservator self-dealing and elder abuse claims: Where the conservator has converted assets, paid themselves excessive fees, or otherwise breached fiduciary duty.
• Emergency and limited conservatorships: Temporary conservatorships under Probate Code Section 2250 and limited conservatorships for adults with developmental disabilities.

Whatever the procedural posture, our attorneys apply California Probate Code Sections 1800 through 1898. These provisions protect the conservatee and resolve the probate dispute.

Outcomes Available in Conservatorship Litigation

Conservatorship litigation does not end the same way as a money damages case. The relief is structural. Who controls decisions, who manages the estate, and on what terms. Our attorneys pursue the full range of outcomes available:

• Appointment of the appropriate conservator: Where a conservatorship is needed, the court appoints the appropriate conservator to act in the conservatee's interest.
• Defeat of an inappropriate petition: Where conservatorship is not warranted or the proposed conservator is unsuitable, we obtain orders denying the petition.
• Removal and replacement of an existing conservator: Under Probate Code Section 2650, courts remove conservators who breach duty, self-deal, or fail to account.
• Surcharge against a conservator: Conservators are held personally liable for losses caused by mismanagement, theft, or unreasonable expenses.
• Restoration of assets to the conservatee or estate: Where the conservator improperly transferred or sold property, the court orders return or money damages.
• Modification of conservator powers: The court restricts or expands authority over residence, medical decisions, finances, or marriage.
• Termination of conservatorship: The court ends the conservatorship when the conservatee has restored capacity or less restrictive alternatives now apply.
• Attorney fees from the estate: Probate Code Section 2640 and related provisions allow recovery of attorney fees from the estate. The fees apply where the litigation served the conservatee's interest.

The combination of these remedies makes conservatorship litigation worth pursuing. Both petitioners seeking protection and respondents opposing unjustified petitions benefit from the available outcomes as do beneficiaries in trust litigation when conservatorship and trust disputes involve the same assets and the same family.

Frequently Asked Questions

Speak with a San Mateo Conservatorship Litigation Attorney Today

Conservatorship matters do not wait. A vulnerable family member at risk needs court protection now. A pending petition you want to oppose has a hearing date already set. An existing conservator misusing authority adds to the harm with each week.

Trust Law Partners files and defends conservatorship matters in San Mateo County and across California. Our team handles only trust and probate litigation. The consultation is free. Our fee structure accounts for the reality that conservatorship cases often involve disputed or frozen funds.

Call our San Mateo office at 650-397-8700 or contact us online to schedule a free consultation. The right time to act is before the next hearing.