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    • Child & Spousal Support
    • Custody and Visitation
    • Divorce and Separation
    • Mediation Services
    • Premarital Agreement
    • QDROs
    • Restraining Orders
  • Additional Legal Services
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Cambridge Legal Services

Call (530) 626-5026

Call (530) 626-5026 Call (530) 626-5026 Call (530) 626-5026

Guardianship and Conservatorship in California

Understanding Guardianship and Conservatorship

 

In California, both guardianship and conservatorship are legal processes in which a court appoints an individual or organization to make decisions on behalf of another person who is unable to do so due to age, disability, or incapacity.


Guardianship typically refers to the care of minors, while conservatorship pertains to adults who cannot manage their own affairs. Both processes can cover various aspects, including:


  • Personal Decisions: Managing healthcare, living arrangements, and other personal needs.
  • Financial Decisions: Overseeing finances, property, and other assets.
  • Combination of Both: Comprehensive management of both personal and financial affairs.

The Role of an Attorney in Guardianship and Conservatorship

 Navigating the guardianship and conservatorship process can be complex and emotionally taxing. An experienced attorney can provide invaluable assistance in several ways:


Legal Guidance and Advice


  • Assessing the Need: Determining if guardianship or conservatorship is necessary and what type is most appropriate.
  • Understanding Responsibilities: Clarifying the legal responsibilities and duties of a guardian or conservator.


Documentation and Court Proceedings


  • Preparing and Filing Petitions: Ensuring all necessary legal documents are accurately completed and filed.
  • Representation in Court: Representing you during court hearings and advocating for the best interests of the ward or conservatee.


Ongoing Support


  • Compliance with Legal Requirements: Assisting with the preparation of required reports and managing ongoing legal responsibilities.
  • Modifications and Termination: Helping modify or terminate guardianship or conservatorship if circumstances change.


At Cambridge Legal Services, we understand the sensitive nature of guardianship and conservatorship cases. Our commitment is to provide compassionate and knowledgeable support throughout the process.  

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Guardianship

Types of Guardianship


California law recognizes several types of guardianship to address different needs:


  1. Guardianship of a Minor: Appointed when a child's parents are unable to care for them due to reasons such as death, incapacity, or unavailability.
  2. Temporary Guardianship: Appointed for a short period, often in emergency situations where immediate decisions are necessary.
  3. Permanent Guardianship: Long-term arrangement that typically lasts until the minor reaches adulthood or no longer requires assistance.

Conservatorship

 Types of Conservatorship


Similarly, California law identifies various forms of conservatorship:


  1. Conservatorship of the Person: Focuses on managing personal decisions for an adult, such as healthcare and living arrangements.
  2. Conservatorship of the Estate: Concentrates on managing financial affairs and property.
  3. Limited Conservatorship: Designed for adults with developmental disabilities, allowing the conservator to make specific decisions while the conservatee retains some rights.
  4. Temporary Conservatorship: Appointed in urgent situations to provide immediate care and management of the conservatee's affairs.

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