Work One-to-One with Your Lawyer
Life often brings many tragic and unexpected circumstances that leave people in a vulnerable state. Young adults or children who have lost their parents or other family members are especially at risk, so the state will often appoint them a guardian to make sure their needs are provided for. In California, guardianships may be established for any person under the age of 18.
Alternatively, someone over the age of 18 who has been incapacitated due to illness, injury, or other disability may need a conservatorship.
Here at Giammichele Law, APC, our dedicated team is ready to represent professional fiduciaries, and we are regularly appointed by the court to support both vulnerable minors and incapacitated persons who require protection. You can trust our knowledgeable Laguna Woods guardianship and conservatorship lawyer to stand by your side with discretion and empathy.
General & Limited Conservatorship
When an individual becomes unable to take care of themselves on account of a severe physical disability or injury, or on account of a mental disability or incapacity, it sometimes becomes necessary for them to receive the care of another adult in what is known as a conservatorship. The conservator will be able to take care of all the basic physical needs of the individual, including medicine, food, housing, clothing, and hygiene. However, the conservator can also be involved in managing other aspects as well, including paying off debts, directing and controlling income and assets, making key investments, and handling any other financial or state affairs.
A general conservatorship tends to be very involved, and is primarily used for elderly individuals who have become incapacitated through age or illness, or for younger people whose disabilities have resulted from extreme accidents. Benefactors of limited conservatorships usually need less supervision than those in general conservatorships, as these individuals often have developmental disabilities, including cerebral palsy or autism. The goal for these individuals is to have the maximum opportunity for self-independence with some level of external care as necessary.
Guardianship in California
In the tragic events that a minor's parents have died or become incapacitated, the court will appoint a legal guardian and caretaker for the protection of the child's well-being until they turn 18. The guardian will take on all the normal duties and responsibilities of a parent in safeguarding the child and their estate.
In order to become a guardian yourself, there are a number of steps you must fulfill, including:
- Filling out all required paperwork and forms in a timely manner
- Filing the documents with the court clerk for the county you are living in
- Gaining the appropriate agreements and signatures attesting that you will be a suitable guardian
- Getting counsel with your court investigator
- Arriving at the court hearing which will determine your aptitude of being a guardian.
Advice in Complicated Situations
When the courts become involved to either protect a minor or safeguard someone who has become incapacitated, you need an experienced lawyer that understands this complicated process. Our knowledgeable Laguna Woods guardianship and conservatorship attorney can give you helpful counsel on determining the type of conservatorship needed, either limited or general, or in demonstrating you will make a good guardian. Then we can make sure that the courts properly establish the entire procession.