Guardianship / Conservatorship
Over the years, my family law practice has extended to include representing clients in other family related issues such as guardianships and conservatorships. In addition I am often asked to act as court appointed counsel for those incapacitated individuals who are the subject of conservatorships.
Unlike other areas of law where it may be relatively simple to represent yourself throughout the proceedings, the laws controlling guardianships and conservatorships are complex and the assistance of an attorney is most often the best option. The Courts are doing more now than ever before to supervise guardians and conservators to ensure the best interest of the individual is made the highest priority during the proceedings. When an individual is appointed as a guardian or conservator, they assume certain duties and obligations. An attorney is best qualified to keep you apprised of the fiduciary duties and obligations.
Whether you are looking to obtain a guardianship or conservatorship or wish to contest such proceedings, we are able to assist you and your loved ones through this difficult time.
ConservatorshipCONSERVATORSHIPS: As loved ones age, dementia or other conditions may render them unable to make important financial decisions or they may become vulnerable to less than trustworthy people. You may find it necessary to establish a conservatorship to protect a loved one's best interest, financial and otherwise.
Frequently asked questions:
Q. What is a Conservator of the person?
A. A Conservator of the person is a person, or organization appointed by the court to protect and manage the personal care of an adult (the Conservatee). Often the Conservatee, by virtue of a mental or physical disability, has become unable to care for their daily needs like shopping for food, cooking, tending to their personal hygiene, arranging for their own medical care, managing their medications and other such daily responsibilities. The Conservator of the Person is responsible for arranging for the Conservatee’s care and protection; deciding where the Conservatee will live and making arrangements for their health care, meals, clothing, personal care, housekeeping, transportation and recreation.
Q. What is the Conservator of the estate?
A. Some Conservatees become unable to manage their daily financial needs like keeping track of their money, paying bills or managing their investments. A Conservator of the Estate is a person, or organization appointed by the court to protect and manage the finances of the Conservatee. The Conservator of the Estate must locate and take control of the Conservatee’s assets, collect the income due to the Conservatee, pay the Conservatee's bills, invest the Conservatee’s money and protect the Conservatee’s assets.
GUARDIANSHIP: California law aims to keep parents and children together. However, when parents die, abandon children, or become otherwise unfit as a parent due to substance abuse, criminal activity or incarceration, the court may appoint a person to act as legal guardian of the child.
GuardianshipFrequently asked questions:
Q. What is a guardian?
A. Probate Code §1602 (a) states that “guardians perform a critical and important role in the lives of minors, frequently assuming a parental role and caring for a child when the child's parent or parents are unable or unwilling to do so.
Q. Who can become a guardian?
A. A family member, friend of the family or other interested party may petition the court to become a guardian.
Q. Who may petition the court for a guardian to be appointed?
A child over the age of 12, a family member of the child or any other interested person acting on behalf of the child.
Q. How long does a guardianship last?
A. Once appointed as the Guardian of a minor, the Guardian will continue to have the responsibility of caring for the minor until the Guardianship is terminated or the child turns 18.
Q. Who do I have to serve with Notice that I am seeking a guardianship?
A. Notice must be provided to the parents of the child, a child 12 or older, a person with legal custody of the child, siblings over the age of 12, grandparents, uncles, aunts, nephews over the age of 12, nieces over the age of 12 and half-siblings over the age of 12 and the Indian Tribe if the child has native american ancestry.
Lawyer Tammi Faulks | Top Attorney Guardianship
Lawyer Tammi Faulks | Top Attorney Guardianship
Lawyer Tammi Faulks | Lawyer Guardianship