Conservator Guardianship Services - David R. Schneider, APC
Navigating the complexities of guardianship or conservatorship can be overwhelming—let our experience be your guide and peace of mind.
When a family member needs help managing daily affairs—whether due to age, disability, or special circumstances—the family may need to initiate, or the Court may initiate guardianship or conservatorship procedures. Two very common areas of concern are children born with developmental deficiencies e.g., autism, Asperger’s, and where an adult has now entered into a stage of dementia. In these cases, a guardian or conservator is appointed to safeguard the individual’s interests, healthcare decisions and/or living arrangements and, handling finances, allowing a trusted family to “step into” the shoes of the person requiring help, to effectively advocate on their behalf.
If you have questions or concerns about starting a conservatorship or guardianship, our firm is here to help guide you through every step.
Nomination of A Guardian
Understanding Conservatorship & Guardianship
It is unfortunate when a family needs to plan around a Conservatorship or Guardianship proceeding. Both proceedings are before the Probate Court and are expensive and time-consuming, as well as presenting special challenges for the proposed conservatee or ward. A Conservatorship Proceeding is used for adults, while a Guardianship is used for minors.
When Is a Conservatorship Necessary?
When an adult has become or is incapacitated, it means that they are unable to make financial or healthcare decisions (or both) for themselves. Sometimes clients are prepared in advance by the creation of a Power of Attorney (POA) document or an Advance Healthcare Directive (ACHD). However, the POA and the AHCD need to have been prepared and signed prior to the person actually having become incapacitated.
The Conservatorship Proceeding may be contested or non-contested. Such decisions are often complicated when family members do not agree on who should manage the conservatee’s affairs or how they should be managed. This can lead to family disputes and lengthy court proceedings.
Guardianship for Minors
A Guardianship Proceeding involves a minor and is often used when it is more beneficial for the minor to be raised by someone else—frequently an extended family member. The Guardianship ends when the child becomes an adult, whereas the Conservatorship will likely last until the conservatee’s death.
Reach Out for Help
If you and your family are facing these difficult times, we invite you to call us to discuss your options. We can provide detailed information about what such a proceeding will likely mean to you and your family, and help you navigate every step of the process.
Conservatorship proceedings can be overwhelming. Let David R. Schneider handle the legal complexities, so you can focus on caring for those who need you most.
Frequently Asked Questions
How do I know if my loved one needs a conservatorship versus using a Power of Attorney?
A Power of Attorney only works if it was signed before the person became incapacitated. If no POA exists and your loved one can no longer make sound financial or healthcare decisions, a conservatorship may be necessary. Common situations include advanced dementia or developmental disabilities where the person cannot manage their own affairs.
What's the difference between guardianship and conservatorship?
Both procedures are very similar. Guardianship is for minors (under 18), while conservatorship is for adults. Guardianship typically ends when the child becomes an adult, but conservatorship usually continues until the conservatee's death. Both processes allow a designated person to make important decisions on behalf of the protected individual.
How long does it take to establish a conservatorship or guardianship?
The timeline varies significantly depending on whether the case is contested or uncontested. Uncontested cases may be resolved in a few months, while contested cases (where family members disagree) can take a year or longer. Court scheduling and required evaluations also affect the timeline.
What costs should I expect when pursuing a conservatorship?
Initial costs include court filing fees, attorney fees, and required medical or professional evaluations. If the case becomes contested (family members disagree about the conservatorship), expenses increase significantly due to additional court appearances and legal work. During your free consultation, we can provide a more detailed cost estimate based on your specific situation.
Integrity and Expertise at the Core of Our Legal Services
With decades of professional expertise, David R. Schneider, APC blends deep community ties with a wealth of experience. From running a successful business to excelling in the legal field with top grades and honors, David’s extensive knowledge ensures comprehensive and trusted legal support. His lifelong commitment to the Conejo Valley and its residents is your assurance of reliable and heartfelt service. Choose a legacy of excellence for your legal needs.