Conservatorships & Guardianships

San Jose Lawyers Focusing on Conservatorships and Guardianships

When a loved can no longer care for him or herself, family members immediately search for ways to get the loved ones the assistance they need. A good first step is to talk to an estate planning attorney about conservatorships or guardianships. At The Alameda Law Group in San Jose, we know from experience that families feel more at ease when the proper legal protections are in place. We work closely with our clients to guide them through the legal procedures that will work best for them.

Guardianships

Guardianships are appropriate for minor children under 18 years old. They are usually the appropriate option when the minor's parents have died, when the minor's parents are considered unfit to be primary caregivers, or when the minor has received cash or other assets. If the minor's parents have died or are considered unfit, a relative or concerned individual may petition the court to be appointed the minor's guardian. If a minor receives cash or other assets, a guardian of the estate will need to be appointed to receive the money on behalf of the minor.

Conservatorships

Conservatorships are appropriate when a loved one is unable to make financial or personal decisions (including decisions regarding medical care and living arrangements) and when that loved one is an adult who has not executed a living trust and/or health and financial powers of attorney. There are three types of conservatorships:

• Probate conservatorships: A probate conservatorship is brought on behalf of an adult who is unable to make personal and/or financial decisions for him or herself. This type of conservatorship is often necessary in the event of a stroke or coma, or if a person suffers from dementia.
• Limited conservatorships: A limited conservatorship is for developmentally disabled adults who were diagnosed with their developmental disability before turning 18. The limited conservator will make personal and financial decisions for the limited conservatee, but only in those areas in which he or she asks the court to grant him or her such powers.
• LPS conservatorships: If a loved one has been deemed to be a threat to him or herself or others due to mental illness or chronic alcoholism, the county creates an LPS conservatorship in order for the public guardian (a county agency) to make medical, personal, and financial decisions for a person who is considered gravely disabled.

To talk with us about any plans related to a guardianship or conservatorship, please call The Alameda Law Group at (408) 286-2122 or complete our intake form.