For the most part, a conservatorship and a guardianship are legal authorities that seek to establish one individual to care and support another. There are multiple reasons why these methods of authority could be necessary. For instance, an incapacitated party may need and/or require the assistance of another person in order to manage personal affairs.
Below we cover the key differences between a conservatorship and a guardianship in California. This can help you determine what option is available for you, although if you have specific questions regarding your case consider seeking the advice of a professional attorney who can answer your questions and help you navigate a very confusing and stressful legal process. Attorney Crista Haynes is a California Bar Certified Family Law Specialist in Redlands and is available to provide a consultation regarding your guardianship or conservatorship matter at (833) 526-5197.
In the State of California, a guardianship refers to the care of an underage individual. Guardianships in California are provided by a court process, which give an individual (other than a biological parent) the custody and authority over a minor as well as that minor’s assets. The appointment of a guardianship will require the filing of a petition and then seeking the approval by court. While temporary orders are available within weeks, the standard guardianship process in California can take several months.
Individuals who commonly seek legal guardianship of a minor include, but are not limited to the following: Close friends of the family of the minor and/or Relatives of the minor such as aunts, uncles, or grandparents
Once an individual is granted guardianship in California, the newly appointed guardian will be legally required to assume vital duties and obligations with respect to the minor. The appointed guardian will also become responsible to the applicable court for all of his or her actions.
A conservatorship in California has many similar aspects to those of a guardianship. Conservatorships are also court proceedings that allow a qualified individual to manage the finances or the personal affairs of another person. Unlike guardianships, conservatorships are appointed to individuals who will help someone who physically and/or mentally incapable to handle his or her own personal affairs. Conservatorships are for meant adults. Parties who generally seek a conservatorship include professional parties as well as those similar to guardianships.
The State of California allows for two main forms of probate conservatorships:
Limited probate conservatorships – these are appropriate when the person who needs assistance is developmentally disabled. Here, the conservator’s authority is limited in effort of providing the disabled individual the opportunity to live a life as independently as possible.
General probate conservatorships – these are appropriate for when adults are unable to care for themselves. Those in need typically include those who have suffered physical injuries, suffer from dementia, are of advanced age, or are somehow are unable to care for themselves. General conservatorships generally expire when the person being cared for passes away. It can also expire if the person being cared for recuperates his or her ability to care for his or her personal and financial affairs.
Conservatorships and guardianships in California are complex procedures that require the legal aid of an experienced attorney. While any person can petition for either form, with the support of a The Haynes Law Firm, APLC, you can assure that the petition will be valid when needed.
The Haynes Law Firm, APLC, is dedicated to helping those seeking to petition a conservatorship or a guardianship in the State of California. The firm will work diligently to uphold your rights when seeking to petition a form.
Attorney Crista Haynes helps to protect the rights of parties who are petitioning guardianships or conservatorships in San Bernardino or Riverside County courts. Crista is available for consultations and serves residents throughout the Inland Empire including Yucaipa, Loma Linda, Banning, Beaumont, Calimesa & Highland and surrounding. If you are contemplating or have already started a guardianship or conservatorship action, California Bar Certified Family Law Specialist Crista Haynes is available to talk to you about your matter at (833) 526-5197.
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