Conservatorship Attorney in Palo Alto, CA

Over 35 Years Guiding Bay Area Families Through Conservatorship & Elder Law

Proactive planning is our first recommendation. A properly executed Advance Health Care Directive or Durable Power of Attorney can keep a family out of court entirely when a loved one loses capacity. But sometimes an injury, illness, or cognitive decline arrives before those documents are signed, and a court proceeding becomes the only path forward. Estate planning prepared in advance eliminates most of these situations. When it doesn’t, our Palo Alto-based team is ready to guide families through what comes next.

Gilfix & La Poll Associates LLP has served Bay Area families for over 35 years. Our founding attorneys co-founded the National Association of Elder Law Attorneys, and we are recognized nationally as leaders in elder law and special needs planning. That depth of experience extends directly to conservatorship matters, where legal procedure and long-term estate planning intersect in ways that require attorneys who understand both.

Conservatorship vs. Guardianship in California

California uses these terms differently than most other states, and the distinction matters. In California, a conservatorship applies to adults who can no longer manage their personal care or financial affairs due to physical or mental limitations. What California calls a conservatorship is called a guardianship in most other states. In California, guardianship refers specifically to the court appointment of a responsible person to represent and protect a minor child.

Families who have encountered different terminology through online research or out-of-state experience sometimes arrive uncertain about which proceeding applies to their situation. Understanding the California conservatorship and guardianship framework from the outset helps avoid procedural missteps early in the process.

When a Conservatorship Becomes Necessary

A conservatorship is typically sought when an adult can’t manage personal or financial affairs due to physical or mental limitations and hasn’t previously executed an Advance Health Care Directive or Durable Power of Attorney. When those planning documents are in place, a court proceeding is generally unnecessary. When they aren’t, the family must petition the court to appoint someone to act on the incapacitated person’s behalf.

These proceedings place a judge in the position of appointing someone to make financial and health care decisions for an incapacitated individual. They’re typically considered a last resort, not a planning tool, and they can be both costly and time-consuming. We pursue them when necessary for an individual’s protection and well-being, and we work to make the process as clear and manageable as possible for families navigating it under difficult circumstances.

Our Palo Alto conservatorship attorneys are ready to help. Call (650) 683-9200 or contact us online to schedule a consultation.

What a Conservatorship Does for an Incapacitated Adult

A conservatorship gives a court-appointed individual the legal authority to manage affairs on behalf of someone who can no longer do so. California law recognizes two distinct roles a conservator can hold.

Conservator of the Person vs. Conservator of the Estate

A conservator of the person is responsible for the conservatee’s care, health, and personal well-being, including decisions about living arrangements and medical treatment. A conservator of the estate handles financial matters: paying bills, managing income, and protecting assets. A single conservator can hold both roles, or a court may appoint separate individuals for each.

The Court Process in Santa Clara County

Conservatorship proceedings for Palo Alto residents are heard by the Probate Division of the Santa Clara County Superior Court. The process involves a formal petition, a court-appointed investigator who interviews the proposed conservatee and submits a confidential report, and a hearing before a probate judge. We can handle each stage of that process on behalf of our clients and their families.

Guardianship for Minor Children

When both parents are unable to provide a safe and stable home due to death or other circumstances, a guardianship allows a court-appointed individual to step into a parental role. A guardian can make decisions for the child, access services on their behalf, and assume custody until the child reaches legal age.

Naming a guardian in a will is particularly important for single parents and for any parent concerned about what would happen if both died in a common incident. Without a named guardian, the court makes that decision without the benefit of the parents’ wishes. We can assist Palo Alto families in establishing a guardianship when those circumstances arise, and we strongly encourage addressing guardian nominations as part of a complete estate plan before they’re needed.

Why Palo Alto Families Work with Gilfix & La Poll Associates LLP

Conservatorships are frequently long-term arrangements. A conservator may serve for years, and the legal needs surrounding that role don’t end when the petition is granted. Our firm is structured to support families over that full arc.

A Team Built for Long-Term Client Relationships

Our team spans three generations, including Michael Gilfix, Francis La Poll, Mark Gilfix, Joshua La Poll, and Myra Gerson Gilfix, providing continuity that matters when a legal relationship stretches across years or decades. Our proprietary Peace of Mind Program (POM Program) keeps clients connected to our firm on an ongoing basis, with regular communication and access to continued legal support as circumstances change. For families managing a conservatorship, that kind of sustained relationship isn’t just a convenience. It’s a resource.

Credentials & Recognition

Our founding attorneys co-founded the National Association of Elder Law Attorneys. We are certified as specialists in estate planning and elder law, recognized as national leaders in special needs trusts, and have been featured in the Wall Street Journal, USA Today, NBC Bay Area, Fox 2, The Mercury News, and Modern Maturity. Over more than 35 years, we have served thousands of Bay Area families and helped clients save hundreds of millions of dollars in taxes and long-term care costs.

Start with a Conversation About Your Family’s Situation

Whether your family is facing an immediate conservatorship need or you want to put advance planning in place to avoid one, we’re here to help. Our Palo Alto office has guided Bay Area families through these proceedings for over three decades. We understand both the legal process and the personal weight that comes with it.

Call (650) 683-9200 or contact Gilfix & La Poll Associates LLP online to schedule a consultation with our Palo Alto conservatorship attorneys.