What do conservatorship attorneys do, and how do you choose one?

A short note before you start

This guide is general information for the United States, not legal, tax, financial or medical advice. Which attorney you need and who pays 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?

"Conservatorship attorney" is not one job description. It covers 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. For the underlying concept, see Define conservatorship; for how it compares with guardianship of a minor, see Guardianship versus conservatorship.

At least two, sometimes three, different people in the same case can each have their own conservatorship attorney, and they are not interchangeable.

What kinds of conservatorship attorneys are there?

The petitioner's attorney

Represents the family member asking the court to open the case: prepares and files the petition, arranges any required evaluation, coordinates with the court investigator, and represents the family at the hearing and later accountings.

The attorney for the proposed conservatee

The adult the case is about is not automatically on the family's side. Because a conservatorship can take away legal rights, Texas and Florida require this person to have their own lawyer in every case, and Illinois and Washington make one available on request or if they object, regardless of income (755 ILCS 5/11a-10; RCW 11.130.280, checked 2026-09-20)⁵,⁶. That attorney represents what the person wants, including objecting to the petition, not what the family or court thinks is best for them⁵.

The litigation attorney

When the case is contested, the work shifts from paperwork to advocacy: hearings, cross-examining the investigator or evaluator, and sometimes an appeal. Not every elder law generalist handles contested litigation; ask about trial experience in this specific type of case.

The Certified Elder Law Attorney (CELA)

CELA is the only nationally recognized specialty credential in this field, awarded by the National Elder Law Foundation¹. To qualify, an attorney needs at least 5 years in practice, an average of 16 hours a week on elder law during 3 of the last 5 years, at least 60 elder law matters handled in that period, and a passed full-day written exam¹. It signals depth, but many experienced conservatorship attorneys do not hold it, since certification is voluntary.

Do you actually need an attorney?

Some courts let a family member file an uncontested petition without a lawyer, but the paperwork and notice rules are strict and vary by county. The adult the case is about is different: because the outcome can take away their right to make their own decisions, Texas and Florida require them to have an attorney in every case, and Illinois and Washington make one available for the asking or if they object, regardless of income (755 ILCS 5/11a-10; RCW 11.130.280, checked 2026-09-20)⁵,⁶. For the full hiring process, including free and low-cost options, see Lawyer for conservatorship.

How much do conservatorship attorneys charge, and who pays?

There is no national fee schedule. Filing fees are set by the state: California, for example, charges $435 to file the petition (form GC-310), with a waiver available for households that cannot afford it¹¹. Attorney fees are usually billed hourly or flat, and once a case is open, ongoing fees are normally paid from the protected person's own estate, not the conservator's pocket, only after a court approves the amount as reasonable; the table below shows who pays in each state, including for a court-appointed attorney. Get a written fee agreement before retaining anyone, stating the rate, what the retainer covers, and how ongoing accounting work is billed.

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

Whether the adult at the center of the case automatically gets a lawyer, or has to ask for one, depends on the state and, in some places, whether anyone objects.

Washington's 2026 narrowing shows a state's approach can shift, so confirm the current rule rather than relying on an older description, including this one. Search "[your state] courts self-help guardianship conservatorship attorney" for the current statute and local practice.

How to find and vet a conservatorship attorney

1. Decide which role you are filling: petitioner, or someone helping the proposed conservatee. In a contested case, these cannot be the same attorney.
2. Check whether the proposed conservatee already qualifies for a court-appointed attorney under the state's rule above, before paying privately.
3. If income-qualified, contact a Legal Services Corporation-funded legal aid group through its "I Need Legal Help" tool, by ZIP code¹⁴.
4. Call your local Area Agency on Aging through the Eldercare Locator (1-800-677-1116) for help for people 60 and older¹⁵.
5. Search the National Academy of Elder Law Attorneys directory by ZIP code; ask whether a candidate holds CELA for a complex case².
6. Ask your state bar's certified lawyer referral service for a screened elder law attorney¹³.
7. Confirm the attorney has handled cases in the specific court and county where you will file.
8. Get a written fee agreement before signing anything.

What to record in a family guide

Whether a conservatorship is 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:

• The attorney's name, firm, phone and email, and their role: petitioner's attorney, attorney for the conservatee, or both if uncontested
• Whether the attorney holds a CELA credential or other 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 health care directive was signed before incapacity, since either can sometimes prevent a conservatorship

See Lawyer for conservatorship for the full hiring process and free-option checklist.

Common mistakes

• Assuming a general practice attorney can handle a contested conservatorship case without asking about litigation experience.
• Hiring one attorney for both the petitioning family member and the proposed conservatee, when interests can conflict and many states require separate counsel once contested.
• Not asking whether the proposed conservatee already qualifies for a court-appointed attorney at no cost, and paying privately instead.
• Treating the CELA credential as a requirement rather than one useful signal; many capable attorneys do not hold it.
• Skipping a written fee agreement and being surprised by hourly billing for accounting work that continues after the initial hearing.
• Not confirming who pays the attorney, since the answer differs by state and whether the case is contested.
• Losing track of the attorney's contact information and case number once the hearing is over.

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. If the conservatee cannot afford counsel, ask the court directly whether one will be appointed; the rule can change, as Washington's 2026 update shows. If cost is the only barrier for the petitioner, contact legal aid before paying a large retainer.