Practice Area
Conservatorship & Guardianship
Protecting individuals who cannot care for themselves or handle their own financial affairs.
When a conservatorship is needed
Most commonly, elderly individuals with advanced Alzheimer's or dementia require conservatorships. A properly drafted Power of Attorney often eliminates the need — but when one is not in place, conservatorship becomes the protective tool of last resort.
Incapacity
A conservatorship is necessary when a person becomes unable to attend to their own personal care or financial affairs and the court appoints an individual to handle their affairs.
Failure of a Power of Attorney
When an agent under a Power of Attorney does not properly care for the person or misappropriates finances, family members or friends can ask the court to remove the agent and appoint a conservator.
Court oversight
Conservators must inform the court through accountings of all transactions entered for the affected party.
Guardianships for minors
Guardianships allow the court to appoint someone to be responsible for a person under the age of eighteen. Guardians are commonly appointed when a parent is terminally ill, unfit, or upon the death of both parents. Like a conservatorship, a guardianship can address personal care, financial affairs, or both. A guardian is typically nominated in a will or trust, providing guidance to the Probate Court. Once a child reaches eighteen, the guardianship terminates.
Protecting those who cannot protect themselves
Call (818) 657-5600 to discuss your family's situation.