Conservatorship Guidance

When Cognitive Decline Changes Everything

Dementia, Alzheimer’s disease, stroke or CVA, Parkinson’s disease, traumatic brain injury, or other conditions that affect cognition, judgment, mobility, or the ability to safely manage daily needs can leave a family with urgent questions:

• Can Mom or Dad safely remain at home?
• Who can legally make decisions?
• What level of care is appropriate?
• What happens to the home?
• What resources are available?
• Where does the family even begin?

A conservatorship may be considered when an adult is no longer able to adequately care for personal needs or manage finances or property, and less restrictive alternatives are not sufficient.

For the family, however, the court process is only one part of what is happening. There may also be fear, uncertainty, difficult decisions, unanswered questions, family concerns, changes in care, and worry about what comes next for someone they love.

When a family is dealing with much more than a property, I can offer much more than a traditional real estate transaction.

What Is a Conservatorship?

In California, the most common court-supervised form is called a general probate conservatorship. It is a court proceeding in which a judge appoints a responsible person or professional to assist an adult who is no longer able to adequately manage certain personal or financial matters.

There are generally two main roles:

• Conservator of the Person — responsible for the conservatee’s personal care, housing, health care, safety, and well-being. Depending on the court order, this may include authority to make certain medical decisions.
• Conservator of the Estate — responsible for managing finances, income, bills, assets, investments, and property.

One person may serve in both roles, or different people may be appointed. The court determines whether a conservatorship is necessary and what authority the conservator will have.

Planning Before a Crisis

Whenever possible, important planning should take place while a person still has the legal capacity to make their own decisions.

A properly prepared Durable Power of Attorney (DPOA) can allow a trusted person to handle authorized financial or legal matters even after the individual becomes incapacitated.

A DPOA can remain effective during incapacity if it is properly drafted as durable.

A DPOA ends when the person who created it dies.

After death, authority over the person’s property and estate is handled through the appropriate trust or estate administration process.

Having appropriate legal documents in place ahead of time may help avoid the need for a conservatorship in some situations.

Families should discuss powers of attorney, advance health care directives, trusts, and other planning documents with a qualified attorney while the person still has legal capacity.

General Orange County Conservatorship Process

1. A petition is filed asking the court to appoint a conservator.
2. Required relatives and the proposed conservatee receive notice.
3. The Orange County Court Investigation Unit reviews the circumstances.
4. A court hearing is held.
5. If approved, the court issues an Order Appointing Conservator and Letters of Conservatorship.
6. The conservator then acts within the authority granted by the court.

The exact powers granted can vary from case to case.

When a Home Is Involved

A conservatee’s current or former residence is not handled like an ordinary real estate sale. The conservator must act within the authority granted by the court, and additional court requirements may apply before the property can be sold.

Depending on the circumstances, the court may consider:

• Whether the conservatee could remain at home with appropriate care
• Whether alternatives to selling the home have been considered
• The conservatee’s wishes and best interests
• Why the sale is believed to be necessary
• Whether the conservator has the appropriate authority to proceed

I help coordinate the real estate side of the conservatorship with the conservator, attorney, and professional fiduciary so the property can be properly evaluated, prepared, marketed, and sold while respecting the court process and the authority granted in the case.

More Than a Traditional Real Estate Transaction

My background includes over a decade of real estate experience, more than 40 years as a Registered Nurse, now retired, and approximately 25 years in hospice care.

This combination allows me to understand not only the real estate transaction, but also the emotional and practical challenges a family may be facing at the same time — the uncertainty, difficult decisions, unanswered questions, and worry about what comes next for someone they love.

I also hold an RCFE Administrator certification. That background gives me additional knowledge of how Residential Care Facilities for the Elderly operate, including facility rules, regulations, levels of care, and day-to-day responsibilities.

I am familiar with many senior-care facilities throughout Orange County, as well as some in Los Angeles County, and over the years I have developed positive working relationships with staff and professionals throughout these settings.

My experience includes working with:

• Large assisted living communities
• Small Residential Care Facilities for the Elderly (RCFEs)
• Board-and-care homes
• Home-care agencies
• Hospice providers
• Home health agencies
• Skilled nursing and higher levels of care

This experience can be valuable when a family is trying to determine where a loved one should live, what level of care may be appropriate, and what resources are available while also dealing with a conservatorship and a property.

How I Can Help Families

• Be a calm, knowledgeable point of contact during a confusing and emotional time
• Help families understand the practical differences between levels of care
• Accompany families as they explore care settings when additional support is needed
• Work alongside an existing placement specialist when one is already involved
• Coordinate with the family’s existing hospice, home health, home-care, attorney, fiduciary, or other trusted professionals
• Provide additional appropriate resources when requested
• Coordinate property preparation, downsizing, estate-sale, clean-out, and vendor resources
• Assist out-of-area family members with local property concerns
• Help communicate and coordinate practical issues related to the property and move
• Handle the real estate side of the conservatorship transaction

I respect the professional relationships and referral resources already in place. If a family or fiduciary already has a trusted placement specialist, hospice provider, home health agency, home-care agency, or other professional, I am comfortable working alongside that team.

Working With Attorneys and Professional Fiduciaries

My role is to complement — not replace — the conservatorship attorney or professional fiduciary. The attorney handles the legal and court-related matters, while the fiduciary or conservator has important responsibilities of their own.

I provide an additional level of support with the real estate, care-related resources, family questions, and practical concerns that can arise between those legal steps. This can help reduce some of the family’s fear, confusion, and day-to-day concerns while allowing the attorney and professional fiduciary to remain focused on their respective responsibilities.

About Martie Garcia

Martie Garcia
Broker Associate, Realty ONE Group West
DRE #00910596
RCFE Administrator Certified
Certified Probate Real Estate Specialist
Certified Probate & Trust Specialist
Author, Caregiving at Home and Caregiving for a Declining Loved One
Boomer Real Estate Answers

Call or Text: 714-655-5810
Website: ProbateByMartie.com

Real Estate • Probate / Trust • Conservatorship Guidance

Important Information

Every conservatorship is different. Court orders, authority, and legal requirements vary by case. I provide real estate and transition-related guidance and resources and do not provide legal advice. Legal questions involving conservatorship, powers of attorney, court authority, estate planning, or interpretation of court orders should be directed to a qualified attorney.

Official Sources for Website Review

• Orange County Superior Court — Probate Conservatorship
• California Courts Self-Help — Conservatorships
• California Courts Self-Help — Options to Help Someone With an Impairment or Disability
• California Courts — Handbook for Conservators