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 the process.
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.