Guardianship and conservatorship cases can be financially daunting, especially when dealing with individuals who have severe mental disabilities or have undergone elder abuse. These individuals may have drained their bank accounts and lost their assets, leaving them with little or nothing when a conservator is appointed. Choosing between continuing their incapacitation or risking bankruptcy due to conservatorship costs can be challenging. While the cost of each case varies depending on the individual’s circumstances, this article discusses the basic fees one should be aware of and ways to reduce them.

Fees involved in filing a conservatorship case include the

initial filing fee, which depends on the case's value according to the state

probate code.

The law classifies conservatorships as probate cases, and the specific fees are printed in local county and the state of California’s online fee schedules.

Initial Filing

The costs you pay initially for filing a conservatorship case depend on how much your future case is worth according to the probate code. For example, unlimited civil cases, or local cases with over $25,000 in dispute, have their own fees, while limited civil cases (less than $25,000 in dispute) have different prices.

The “Probate Fees” section in the state and local court schedules outlines every cost you will pay in the conservatorship proceeding. However, these also include every legal cost for every other probate service, so ensure you note the fees that apply to conservatorships. You should note a $435 upfront fee for petitioning a conservator in California state courts.

There are also costs incurred during the case, such as fees for legal services, court investigator fees, and probate fees. After the case, the conservatee must pay for the conservator services, court fees, and any other fees related to the case.

The state of California provides fee waivers for conservatorship cases with court approval. To qualify, the conservatee must meet one of three requirements, including receiving public benefits or having an income below a specified amount. There is a specific process to follow when requesting a fee waiver, and consulting with an experienced conservatorship lawyer is recommended.

In summary, while guardianship and conservatorship cases can be financially challenging, there are ways to reduce costs and obtain fee waivers, allowing individuals to benefit from conservator services without sacrificing their financial future.

Our conservatorship and estate planning lawyer works with people like you to establish your loved one in a conservatorship. 

Call our office at (310) 953-8191, so we can take care of you and your loved one.