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Guardianships and Conservatorships
California Guardianships
A guardianship is the process of appointing a responsible person to care for a child for some or all of their personal and/or financial affairs. Generally, guardianships are for children under 18, and conservatorships are for dependent adults.
Guardianships can be an expensive, time-consuming, and complex process, so it is important to understand all of your options before making a decision. It is important to have a qualified attorney who can help you understand the process and make the decision that is best for you and your family. Contact James L. Arrasmith, a qualified estate planning attorney, for assistance. Call or text us today at (916) 704-3009.
FAQs About Guardianships
What Are the Fees Associated with Guardianships?
Guardianships and conservatorships are ways to protect someone who is unable to take care of themselves. Generally, these types of cases cost money. The person who is appointed as the guardian or conservator is responsible for paying the fees associated with the case. There may be some situations where the government will pay for part or all of the fees, but this is not common. Contact our office today for a quote. We offer competitive prices and offer flexible payments.
What Are the Responsibilities of a Guardian?
Guardians are responsible for making decisions about the person they are caring for. This includes decisions about their medical care, where they live, and what they do. The guardian is also responsible for making sure the person they are caring for has the essentials like food, clothing, and shelter.
What Is a Juvenile Guardianship?
Generally, unless emancipated, children under the age of 18 in California cannot legally take care of themselves; children under the age of 18 are considered minors. Therefore, if a child does not already have a guardian, the Court must appoint a guardian for the minor child. There are two types of juvenile guardianships: property guardianships and guardianships of the person.
What Is a Guardianship of the Person?
Generally, unless emancipated, children under the age of 18 in California cannot legally take care of themselves; children under the age of 18 are considered minors. Therefore, if a child does not already have a guardian, the Court must appoint a personal guardian for the minor child. This personal guardian will have the general parental rights and duties of maintaining the health, welfare, and safety of the child.
What Is a Property Guardian?
A question that often arises is: can a child own property in California? Generally, in the State of California, a child under the age of 18 can own property, but they must wait until they turn 18 years old to have control of it. From the time the child is a minor until the child reaches a certain age, a property guardian must be in place to manage the child’s money. This property custodian is usually the child’s parents during their lifetime; but, if the child does not have parents to take care of them, a property guardian manages their assets for them until they are old enough to manage the assets themselves.
Conservatorships
What Is a Conservatorship?
A conservatorship is a court case in which a judge appoints a responsible person or an organization to provide care for another adult who cannot provide such care for themselves.
What Is the Point of a Conservatorship?
Conservatorships serve a useful purpose in making sure that those who cannot take care of themselves are still taken care of. Unfortunately, sometimes even adults are not able to care for themselves, such as when they are legally incompetent to make decisions on their own behalf. It is in these situations that a conservatorship may be warranted.
What are the Responsibilities of a Conservator?
Conservators are responsible for taking care of the financial affairs of the person they are caring for. This includes paying bills, managing money, and making investments. The conservator is also responsible for ensuring the person they are caring for does not lose any money or property. When a person cannot take care of themselves, the conservator steps in and takes care of their needs.
How Do I Become a Conservator?
The best way to become a conservator is to contact to a qualified attorney such as James L. Arrasmith. An attorney can help you understand what the process entails and what the responsibilities are.
In Conclusion
Guardianships and conservatorships are complicated processes, but they can be a great option for families who need extra help caring for a child or dependent adult. Before you decide to pursue guardianship or conservatorship, it is important to speak with a qualified estate planning attorney such as James L. Arrasmith. Call or text us today at (916) 704-3009.
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