Understanding Conservatorship And Guardianship In California

Whether you have a loved one with special needs or you are the adult child of an aging parent, California has laws in place that allow you to protect your loved ones when they cannot care for themselves. If you need to seek legal authority to take over the care and support of a loved one, Kenneth E. Devore & Associates can help.

Obtaining Guardianship For A Minor

The guardianship process grants someone other than the child’s parent legal authority over the child and the child’s estate if neither parent is capable of doing so. The court could designate a guardian to manage the child’s property, award custody to the guardian or both. The legal guardian can be a relative, family friend or another closely involved figure.

Guardianship carries significant responsibilities. The role should not be taken lightly as a guardian can be held legally accountable by the probate court for all decisions and actions relating to the child or their estate.

Protecting An Incapacitated Adult Through Conservatorship

Much like guardianship over a minor, a conservatorship is used to assume legal authority over a mentally disabled or incapacitated adult who cannot fully manage their own affairs. There are two types of conservatorship available in California:

  • Limited Probate Conservatorship: This type is generally appropriate for a developmentally disabled individual who can manage basic are and tasks without supervision. The conservator has limited authority, which allows the assisted person to maintain as much independence as possible.
  • General Probate Conservatorship: This type of conservatorship grants full authority to the conservator and is used for mentally incapacitated adults, including those suffering from dementia, a brain injury or advanced age.

Take Steps To Protect Your Loved One Today

Special needs children and aging or mentally incapacitated adults are at risk for exploitation, fraud or worse. But the staff at Kenneth E. Devore & Associates can help you take steps to protect your vulnerable loved ones. To see how we can help your family, call 818-338-3252 or reach the firm online.