Conservatorship & Guardianship · Thousand Oaks, California
When a loved one can't decide for themselves, we help you step in.
A comprehensive estate plan puts your family, your assets, and your wishes under your control, not the court’s. David Schneider has guided California families through this decision for over 27 years.
Our Clients Share Their Experience
Client experiences reflect individual circumstances. Past results do not guarantee similar outcomes.
Conservatorship and Guardianship, Explained
It is difficult when a family needs to plan around a Conservatorship or Guardianship proceeding. Both proceedings are before the Probate Court and can be expensive and time-consuming, and they present special challenges for the proposed conservatee or ward. A Conservatorship is used for adults, while a Guardianship is used for minors.
Conservatorship vs. Guardianship
For Adults
Conservatorship
- Who it is for
- An adult who has become incapacitated and can no longer make financial or healthcare decisions.
- How long it lasts
- Usually continues until the conservatee’s death.
- Common situations
- Advanced dementia, or a developmental disability in an adult.
- Where it is heard
- Before the California Probate Court.
For Minors
Guardianship
- Who it is for
- A minor under 18 who is better cared for by someone other than a parent.
- How long it lasts
- Ends when the child becomes an adult.
- Common situations
- When it is more beneficial for the minor to be raised by someone else, often an extended family member.
- Where it is heard
- Before the California Probate Court.
Acting Before, and After, Incapacity
When an adult becomes incapacitated, they are unable to make financial or healthcare decisions, or both, for themselves. A Conservatorship Proceeding may be contested or non-contested, and disagreements among family members about who should manage the conservatee’s affairs can lead to lengthy court proceedings.
Plan ahead where you can. A Power of Attorney (POA) or Advance Healthcare Directive (AHCD) can let a trusted person act for your loved one without a court proceeding, but only if it was prepared and signed before they became incapacitated. Putting these documents in place is part of a complete estate plan.
A Steady Hand Through a Hard Time
Direct Attorney Access
Every client works with David Schneider personally for all legal matters, never passed off to a paralegal or associate.
California-Wide Probate
Conservatorship and Guardianship proceedings are heard in the Probate Court, where David has represented families for over 27 years.
Educational Approach
“It is impossible to know what you do not know.” David takes the time to explain so you can make fully informed decisions.
Frequently Asked Estate Planning Questions
How do I know if my loved one needs a conservatorship versus 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, 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 Experience at the Core of Our Legal Services
With decades of professional experience, 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.