Guardianship is a type of legal status that places a minor under the care of a third party, who are not the legal parents. Conservatorship is where an adult is placed under the care of a third party. Guardianship or conservatorship is necessary when a person is unable to make important decisions regarding their health or safety. If you believe your loved one requires the support of a legal guardian, it is vital that you seek legal counsel right away.
Courts avoid limiting a person’s rights and placing them in the care of a guardian or a conservator without strong evidence that doing so is in their best interest. A skilled trusts and estates attorney could help you determine when guardianship or a conservatorship might be necessary. An Orange County guardianship and conservatorship lawyer could then help make the case that your loved one is no longer able to meet their own needs.
What is Guardianship/Conservatorship?
Guardianship and conservatorship are commonly used in courts throughout the country to describe the appointment of a third party to make decisions on behalf of another person. There are two types of guardianship and conservatorships under the law—of the person and the estate.
A guardianship or conservatorship of the person exists to ensure the ward receives the medical care they require. This includes other aspects of their life like proper nutrition or safe housing. A guardianship or conservatorship of the estate is different in that it does not relate to a person’s physical health. Instead, it relates to the ward’s finances.
It is possible that the court could appoint the same person to serve in both roles. It is also possible that a different person is appointed in each instance. An Orange County guardianship and conservatorship attorney could assist an individual in pursuing either type of appointment.
Petitioning for Guardianship or Conservatorship in Orange County
It is not possible to simply assume the role of a guardian or a conservator to another. In order to create a conservatorship, one must petition the probate court. Doing so requires a formal legal proceeding that requires all interested parties to be notified.
The proposed guardian or conservator must first file a petition with the court. In the petition, it is possible to seek an appointment as guardian or conservator of the estate, guardian or conservator of the person, or both. The court will ultimately decide, but it is important to note being appointed to one role does not guarantee an appointment to another.
Once all of the necessary parties are notified of the proceeding, the court will set a hearing. At the hearing, the judge will determine not only if a guardianship or conservatorship is necessary but also if the person seeking it is an appropriate choice. A skilled lawyer could represent a petitioner during the guardianship or conservatorship hearing.
Talk to an Orange County Guardianship and Conservatorship Attorney Right Away
Guardianship and conservatorship of another person can be a complex issue that leads to emotional conflict among family members. This legal process can be simplified by retaining an experienced attorney.
If you are considering guardianship or conservatorship for your loved one, you could benefit from strong legal counsel standing by your side. Reach out to an Orange County guardianship lawyer today to schedule a consultation.