Guardianships
A probate guardianship occurs when the California Probate Court appoints an adult–who is not the child’s parent–to take care of the child and/or the child’s property. The Probate Court can only grant a guardianship if the child is not involved in a Family Court or Juvenile Court action. In some cases, the same person can be named what is known as the Guardian of the Person as well as the Guardian of the Estate. In other cases, the Court will appoint two different persons.
A Guardianship of the Person is set up to give legal authority to an adult who is not a parent to make decisions on behalf of the child. In a Guardianship of the Person, the guardian has full legal and physical custody of the child, essentially the same responsibilities as a parent. That means the guardian is responsible for the child’s care, including the child’s food, clothing and shelter, safety and protection, physical and emotional growth, medical and dental care, as well as education and any special needs.
A Guardian of the Estate manages a child’s income, money, or other property until the child turns 18. A child may need a Guardian of the Estate if he or she inherits money or assets. In most cases, the Court appoints the surviving parent to be the Guardian of the child’s Estate.
You do not need to have a lawyer to become a guardian, but it takes a great deal of time and energy to fill out the court forms and to give notice to all relatives. Importantly and inevitably, most people attempting to navigate the complex legalese of California Probate Guardianships make mistakes. At the Law Offices of Esther Hopkins, we’re here to ensure that your Guardianship starts off with the right foundation and continues on the right course.
Conservatorships
A probate conservatorship is a California court proceeding where a judge appoints an adult to care for another adult due to the fact that the latter adult cannot care for himself or herself and/or his or her finances. The appointed adult is called a conservator and the adult being cared for is called a conservatee. There are two kinds of conservators: A Conservator of the Person and a Conservator of the Estate.
A Conservator of the Person cares for and protects a person when the judge decides the conservatee cannot do so for himself or herself. A Conservator of the Estate handles the conservatee’s financial matters, such as paying bills and collecting a person’s income, if the judge decides the conservatee cannot do it himself or herself.
Anyone in California can file for a conservatorship, though the California Probate Code has a system for choosing the conservator, giving preference to a person in the following order:
• Spouse
• Adult child
• Parent
• Sibling
• Any other person deemed acceptable by the Court
• Public Guardian
A mental health (LPS) conservatorship is special type of conservatorship in California, designating an adult to be responsible for a mentally ill adult. Such conservatorships are only for adults with mental illnesses listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM). Some of the most common qualifying illnesses are schizophrenia, bi-polar disorder, schizo-affective disorder, clinical depression and obsessive compulsive disorder. Mental health conservatorships are not for people with organic brain disorders, brain trauma, retardation, alcohol or drug addiction, or dementia.
The responsibilities and complexities of becoming a conservator in California are best aided with the help of an attorney. Most people attempting to navigate the complex legalese of California Probate Conservatorships make mistakes. At the Law Offices of Esther Hopkins, we’re here to ensure that your Conservatorship starts off with the right foundation and continues on the right course.
The Law Offices of Esther Hopkins is a California estate planning and business law firm serving the communities of Thousand Oaks, Camarillo, Newbury Park, Oxnard, Simi Valley, Westlake Village, Agoura Hills, Calabasas and Los Angeles.
To set up an appointment or to get answers to your questions right away, call us at 818-597-3500.