Conservatorship & Guardianship
Rancho Cucamonga Conservatorship Attorneys
Conservatorship and guardianship are two key roles that allow individuals
to take care of others. By gaining this power from the court, you are
able to ensure your loved one gets the care, guidance, and decision-making
clarity they need. Whether dealing with a child or a parent, the court
grants these legal powers in order to protect the individual for as long
as necessary. If you believe you need to secure conservatorship or guardianship
over a loved one, our Rancho Cucamonga lawyers are here to help you through
We can review your situation in a free case evaluation.
Types of Conservatorship
There are several types of conservatorship that can be granted, including:
- LPS (Lantern-Petris-Short Act) conservatorship
- Probate conservatorship
LPS is granted when the conservatee is receiving psychological care in
a hospital and is no longer able to care for themselves. This may be necessary
when an individual suffers from manic depression or other illnesses. Probate
conservatorship is reserved for individuals who are incapacitated or disabled
to the extent that they can no longer care or make decisions for themselves.
This may be due to old age or even a serious accident.
Why Is Conservatorship Important?
Having conservatorship over an adult or elderly individual gives you responsibility
for their physical person and / or their estate. Depending on the type
of conservatorship granted by the court (often both), you may be in charge
of managing the individual’s assets and property, as well as their
health, well-being, and decisions regarding medical needs.
In some cases, the court will only grant limited conservatorship rather
than general conservatorship. This usually means you will have primary
control over their physical and estate concerns, but face restrictions
on more serious matters. This allows you to assist them and ensure their
health and assets are not mismanaged. Being a conservator carries a great
responsibility, but it can give you peace of mind that your loved one
is taken care of.
How Is Guardianship Different?
Unlike conservatorship, guardianship is given to adults who petition to
assume the responsibility of a minor child, becoming their guardian. Individuals
can designate who they would like to serve as the guardian of their children
through an estate plan. When there is no plan in place, an adult must
go before the court to obtain guardianship.
There are two types of guardianship that the court can grant:
Guardianship of the person: The guardian will take physical care of the child, just as a parent would.
This includes taking care of the health, well-being, and educational needs.
Guardianship of the estate: The guardian will be given responsibility for the property and assets
left to the child. This may be necessary if a child is too young to make
appropriate decisions for themselves.
Whether you are seeking to obtain guardianship of a child or want to designate
guardianship through a carefully crafted estate plan, Chung & Ignacio,
LLP is here to help. Our Rancho Cucamonga estate planning lawyers have
the skill to guide you through this time and ensure your rights are upheld.
Make sure you have qualified advocacy.
Call Chung & Ignacio, LLP for a free consult.