What does a conservatorship attorney do, and how do you hire one?

A short note before you start

This guide is general information for the United States, not legal, tax, financial or medical advice. Whether a conservatorship attorney is required, who pays, and how much it costs are set by the state and county where the case is filed, so confirm current rules with your state court's self-help site or a local attorney.

What is a conservatorship attorney?

A conservatorship attorney is not one job description. It is any lawyer working on a case where a court gives someone legal authority over an adult's money, personal care, or both, because that adult can no longer manage those things safely alone. Some states call this role a conservator, others a guardian; the underlying legal tool and the attorneys involved work the same way. For the concept itself, see Define conservatorship and Meaning of conservatorship; for how it differs from guardianship of a minor, see Guardianship versus conservatorship.

A single case can involve more than one conservatorship attorney at the same time, and they are not interchangeable, since they represent different people with different, sometimes conflicting, interests.

The two roles a conservatorship attorney can fill

The attorney for the proposed conservatee works for that person, not for the family and not for what a judge thinks is best for them³. A family member who also wants a lawyer for their own side of the case, including where to find one and typical fees, should see Attorneys for conservatorship and Lawyer for conservatorship, which cover the hiring process and roles in more depth than this page.

Do you need a conservatorship attorney?

It depends on which side of the case you are on. A family member filing an uncontested petition may be able to proceed without a lawyer in some courts, though the notice rules and paperwork are strict and vary by county. The adult the case is about is treated differently: because the outcome can take away their right to make their own decisions, several states require them to have their own attorney no matter what, regardless of income.

• Georgia requires the proposed ward to have counsel before the case proceeds, either one they retained or one the court appoints¹.
• Arizona requires the court to appoint an attorney for the alleged incapacitated person unless independent counsel already represents them³.
• Pennsylvania requires appointed counsel regardless of the person's ability to pay⁴.
• North Carolina appoints a guardian ad litem attorney automatically on filing, unless the respondent has already retained their own lawyer⁶.
• Ohio's probate court may appoint an attorney for the alleged incompetent person, and an indigent person can request one at court expense⁵.

What does a conservatorship attorney cost, and who pays?

There is no national fee schedule. Filing fees and attorney rates are set by the state and county, and in Georgia, the fee for the court-appointed attorney representing the proposed ward is itself set locally, for example around $200 in Athens-Clarke County². Where a state requires a court-appointed attorney, that fee is typically paid from the protected person's own estate if they have resources, or by the county or state if they are indigent:

• Pennsylvania orders the county to pay for the appointed attorney and any required evaluation when the alleged incapacitated person cannot afford them⁴.
• Georgia's guardianship fees, including the attorney appointed for the ward, are generally paid at the time the petition is filed, with amounts set by the local probate court².
• North Carolina's guardian ad litem appointment and discharge follow rules set by the Office of Indigent Defense Services, which governs how appointed counsel is compensated in cases where the respondent cannot pay privately⁶.

Get a written fee agreement before hiring a private attorney for either side of the case, stating the hourly rate or flat fee, what the retainer covers, and how the accounting and reporting work that continues after the hearing is billed.

When must a court appoint an attorney for the proposed conservatee? How this varies by state

Rules change: confirm the current statute and local practice by searching "[your state] courts self-help guardianship conservatorship attorney" rather than relying on any single description, including this one.

Checklist: hiring a conservatorship attorney step by step

1. Decide which role you need: an attorney for the family member filing the petition, or an attorney for the proposed conservatee. In a contested case these cannot be the same person.
2. Check whether the proposed conservatee already qualifies for a court-appointed attorney under your state's rule, before paying privately.
3. If income-qualified, contact a Legal Services Corporation-funded legal aid group through its "I Need Legal Help" tool by address or ZIP code⁹.
4. Call the Eldercare Locator at 1-800-677-1116 or visit eldercare.acl.gov for help finding local legal services for people 60 and older¹⁰.
5. Search the National Academy of Elder Law Attorneys directory by ZIP code, and ask whether a candidate holds the CELA credential for a complex or contested case⁸.
6. Ask your state bar's certified lawyer referral service for a screened elder law attorney¹¹.
7. Confirm the attorney has handled cases in the specific court and county where the petition will be filed.
8. Get the fee agreement in writing before signing anything, including how ongoing accounting work is billed.

What to record in a family guide

Whether a conservatorship is already open, or an attorney has been retained in case one becomes necessary, this is the kind of information a family guide keeps in one place so it is not lost or forgotten:

• The attorney's name, firm, phone and email, and which role they fill: petitioner's attorney, attorney for the conservatee, or both if uncontested
• Whether the attorney holds a CELA credential or another elder law specialty
• The case number, court name and county
• Where the signed fee agreement and any court order approving fees are kept
• The date the next accounting or fee petition is due
• Whether a durable power of attorney or advance health care directive was signed before incapacity, since either can sometimes prevent a conservatorship from becoming necessary

Common mistakes

• Assuming a general practice attorney can represent the proposed conservatee without checking whether that state requires separate, specialized counsel.
• Hiring one attorney for both the petitioning family member and the proposed conservatee when their interests can conflict, which several states do not allow once a case is contested.
• Not asking whether the proposed conservatee already qualifies for a court-appointed attorney at no cost, and paying privately instead.
• Skipping a written fee agreement, then being surprised by hourly billing for the accounting work that continues for years after the hearing.
• Losing track of the attorney's contact information and the case number once the initial hearing is over.
• Treating one state's rule as universal, when whether counsel is automatic, requested, or discretionary differs by state, as the table above shows.

When to get professional help

Talk to an attorney before filing any petition, since notice requirements and local practice differ even within a state. Get a litigation-experienced attorney the moment anyone objects to the petition or to who should serve as conservator. If the proposed conservatee cannot afford counsel, ask the court clerk directly whether one will be appointed under your state's rule. If cost is the only barrier for the family filing the petition, contact legal aid or your state bar's referral service before paying a large retainer.